Can Breathalyzers Be Wrong?
There are many different reasons why a breathalyzer may produce a false-positive.
Acetone, for example, is in the breath of an average person. However,
diabetics experiencing hypoglycemia may have higher levels of acetone
on their breath and could receive a false reading of 0.06% or higher.
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In a DUI case, the results of a breath test are one of the most common pieces of evidence prosecutors rely on and there are a number of small variables that can completely invalidate the results. Our experienced Los Angeles DUI attorneys are ready to fight for you.
If you’ve been arrested for driving under the influence, schedule a case review today!
Your Diet & Hygiene
Believe it or not, both good hygiene and a healthy diet could lead to a DUI arrest. Many types of mouthwash contain ethanol, which is the same type of alcohol found in alcoholic beverages. If you’re stopped by a police officer after using mouthwash, it’s very possible to blow a false positive on a breathalyzer test.
Many people follow a low-carb or carbohydrate-free diet these days, and these diets can also lead to a false positive. When you have a very low carbohydrate intake, your body responds by going into a state of ketosis. This essentially means that your body will rely on fat for energy, rather than sugars. However, the ketones that are produced by your body in this state can actually cause a false positive on a breath BAC test.
Calibration/Administration of the Test
Breathalyzers are very temperamental devices and must be calibrated regularly to ensure that they are working properly. If a device was not properly calibrated at the time of your test, the results will generally be dismissed as evidence against you.
The way the test is administered plays a big role, too. Factors such as the time the officer waited before administering the test, as well as whether or not they watched you for the entire waiting period, can all call the results of these tests into question.
Health Conditions or Medication
One of the most common health conditions which can impact the results of a DUI test is acid reflux or gastroesophageal reflux disease. If you suffer from this condition, your stomach will regurgitate stomach acids back up into the esophagus, often causing heartburn. Other gasses and vapor come up with the acid and can cause large inaccuracies in the results of a breathalyzer test.
Call a Los Angeles DUI Attorney to Contest Your Charges!
At Hutton & Wilson, our attorney team shares more than 65 years of experience. Our lawyers can also provide legal counsel with underage DUIs, felony DUIs, and marijuana DUIs. Our clients are our number one focus and we place your concerns first.
We put every ounce of our knowledge, experience, and resources into crafting a case that tells your side of the story. If you believe you have been wrongly convicted, we can contest your charges and attempt DUI expungement. Learn more about your legal options by getting in touch with our firm for a consultation.
Don’t plead guilty to DUI that you did not commit. Schedule a case consultation to secure aggressive defense from our Los Angeles DUI lawyers.
