Facing an OWI charge can be stressful and confusing, especially if you're confident you weren't over the limit. One of the critical pieces of evidence in these cases is the breathalyzer test result — but what if we told you that these tests aren't always accurate? Below, we'll explore five top causes of false breathalyzer readings. By understanding these factors, you can better defend yourself and challenge wrongful accusations.
HUMAN ERROR
Operator Mistakes
Law enforcement officers often administer breathalyzer tests. While many are well-trained, human error can still occur. An officer might mishandle the device or fail to follow the correct procedure, leading to an incorrect reading. For example, if the officer doesn't wait the recommended 15-minute observation period before administering the test, residual alcohol in your mouth could affect the results.
Improper Usage
Sometimes, the breathalyzer isn't used correctly. This could be due to a lack of training or a mistake made in the heat of the moment. Incorrect usage can lead to false positives, impacting your case significantly. For instance, blowing too hard or not hard enough can skew the results, making it appear you're over the legal limit when you might not be.
Recording Errors
Another form of human error comes from recording the test results. Officers must document the readings accurately. If they write down the wrong number or fail to record important details, this could lead to a wrongful OWI charge. Always ensure you get a copy of the results and check for discrepancies.
POORLY CALIBRATED EQUIPMENT
Importance of Calibration
Breathalyzers need regular calibration to provide accurate results. Calibration ensures that the device measures your blood alcohol content (BAC) correctly. If a device isn't calibrated regularly, it may give false readings. Calibration should be done according to the manufacturer's specifications, often requiring special equipment and procedures.
Signs of Faulty Equipment
A poorly calibrated breathalyzer might give inconsistent readings or display error messages. If you suspect the equipment was faulty, ask for maintenance records. These records should show when the device was last calibrated and whether it has a history of malfunctioning. This information can be crucial in challenging a false reading.
Legal Implications
In some cases, the court may dismiss breathalyzer evidence if you can prove the equipment was not properly maintained. This could make a significant difference in the outcome of your case. Therefore, always question the reliability of the breathalyzer used in your OWI charge.
SUGAR ALCOHOL FROM CERTAIN FOODS
Hidden Alcohol in Foods
Did you know that certain foods contain sugar alcohol, which can affect breathalyzer readings? Foods like pastries, bread, and energy drinks can contain sugar alcohols, which are chemically similar to ethanol. When you consume these foods, they can produce a small amount of alcohol in your mouth, potentially affecting a breathalyzer test.
Short-Term Impact
The impact of sugar alcohol on a breathalyzer test is usually short-term. However, if you're pulled over shortly after eating these foods, the results could show a higher BAC than your actual level. This is why informing the officer about your recent food intake is essential, as it might explain an unusually high reading.
Challenging the Results
If you believe that sugar alcohol from food caused a false positive, you can challenge the breathalyzer results in court. Your attorney can present evidence showing the types of food you consumed and how they could impact the test. This could be a crucial factor in getting your charges reduced or dismissed.
SPICY FOODS
How Spicy Foods Affect BAC
Spicy foods can also impact breathalyzer readings. When you eat spicy food, it can cause acid reflux or GERD, bringing stomach acids and alcohol back up into your mouth. This residual alcohol can then be detected by the breathalyzer, leading to a higher BAC reading than your actual blood alcohol level.
Short-Term Effects
The effects of spicy foods on breathalyzer tests are usually temporary. However, if you're tested shortly after eating something spicy, the results could be misleading. Always inform the officer if you've recently eaten spicy foods, which could explain an unusually high reading.
Legal Defense
Your attorney can use this information to challenge the breathalyzer evidence. They can present medical or expert testimony explaining how spicy foods affect BAC readings. This could be a key point in your defense strategy, helping you to reduce or dismiss the charges against you.
MEDICAL CONDITIONS
Diabetes
Certain medical conditions, such as diabetes, can affect breathalyzer results. People with diabetes may produce ketones, which are chemically similar to isopropanol, a type of alcohol. Breathalyzers can mistake ketones for ethanol, leading to a false positive. If you have diabetes, informing the officer and your attorney is crucial, as this could significantly impact your case.
Gastroesophageal Reflux Disease (GERD)
GERD can cause stomach acids to travel back up into the esophagus and mouth. These acids can contain alcohol from recent consumption, which can affect breathalyzer readings. If you suffer from GERD, this could explain a false positive result and should be included in your defense strategy.
Asthma Inhalers
Asthma inhalers often contain alcohol as a propellant. Using an inhaler before a breathalyzer test can result in a false positive. If you have asthma and use an inhaler, inform the officer and your attorney. This could be a critical point in challenging the breathalyzer evidence.
DES MOINES DUI LAWYER
Challenging an OWI charge may feel daunting, but understanding the potential causes of a false breathalyzer test can make a significant difference in your defense. Many factors can lead to inaccurate readings, from human error and poorly calibrated equipment to the impact of food and medical conditions.
By staying informed and seeking expert legal help, you can challenge these results and protect your rights. Remember, a knowledgeable DUI lawyer like those at Branstad & Olson can guide you through the complexities of your case and help you achieve the best possible outcome.
For more information and personalized legal assistance, contact Branstad Law and take the first step towards safeguarding your future: (515) 329-3100.