Failing a breathalyzer test generally results in a driving under the influence (DUI) of alcohol charge. Even though breathalyzers are highly sensitive and generally accurate, readings can be inaccurate. Some factors can lead to a breathalyzer giving a false positive or a higher blood alcohol concentration (BAC) than the subject’s actual BAC.
Examples of those factors include the following.
Poor calibration
A breathalyzer’s sensor degrades over time due to wear and tear, environmental exposure and sensor drift. Regular calibration ensures a device remains accurate and reliable. A breathalyzer that is not properly inspected and calibrated for accuracy can give inaccurate readings.
In Georgia, the Division of Forensic Sciences (DOFS) of the Georgia Bureau of Investigation (GBI) oversees such inspections. The department requires breathalyzers to be inspected once every three months by members of the Georgia State Patrol Implied Consent Unit under DOFS guidelines. Law enforcement officers keep records of a device’s periodic inspections, maintenance and calibration.
If you believe the breathalyzer used to measure your BAC was poorly calibrated, such records can help you demonstrate that.
Foreign substances
Foreign substances in the mouth that contain alcohol can react with a breathalyzer’s sensor and give a false positive or inaccurate BAC readings. These include mouthwash, breath spray and medication. Besides, eating certain fermented foods can cause trace amounts of alcohol in the mouth, which can be detected by a breathalyzer.
A breathalyzer may also be triggered by acetone, as its chemical structure closely mimics ethanol. This is frequently reported among individuals with diabetes, on keto diets and those fasting. Additionally, medical conditions that cause stomach acid to backflow into the esophagus, such as acid reflux, can lead to mouth alcohol that can affect a breathalyzer’s results.
If BAC readings that led to a recent DUI charge may have been inaccurate, consider seeking legal guidance to confirm the accuracy of your results and defend your future.