DUI breath tests are regarded by law enforcement as an accurate and reliable way to test
the amount of alcohol in a person’s body, but the truth is that
false positive results are not uncommon. In fact, there are a number of
possible explanations for why a person who is driving below the legal
blood alcohol limit could produce a breath sample that would lead to a
false positive result. With harsh penalties on the line with a conviction,
it is imperative that you contact an attorney as soon as possible to review
your case and potentially
challenge the results of the test. You shouldn’t have to face a loss of your driving privileges and
other punishments over the results of a test that may not even be accurate!
The following are examples of why a breath test may return a false positive result:
Acid reflux. A person who suffers from acid reflux who has a drink and then submits
to a breath test may get a blood alcohol concentration result that is
much higher than the true amount of alcohol in their breath and blood.
Any regurgitated alcohol can skew results.
Mouthwash or mints. If a driver recently rinsed their mouth with mouthwash, they can have a
false positive breath test because mouthwash contains alcohol. Similarly,
menthol or sugar substitutes found in gum or mints may also be misread
as alcohol by a breath test machine.
Medication. Certain medications may contain alcohol or menthol, such as cold and flu
medicines and oral analgesics.
Diabetes. Diabetics may receive a false positive result depending on their blood
sugar levels because they may have an acetone level higher than a non-diabetic.
These are just some of the many reasons why a driver who is not intoxicated
might fail a breath test. If you have been arrested for DUI, it is imperative
that you contact an Atlanta DUI lawyer at The Law Offices of Howard J.
Weintraub, P.C. Our firm has more than 40 years of combined experience
handling countless DUI cases involving a variety of circumstances since
1985. Whether you have taken a breath test already or have refused the
test and need guidance, you can trust us to handle your case with all
of the skill and legal prowess it deserves.
Just because you have been accused of DUI does not mean that you are guilty.
With your driving privileges and future on the line, allow our team to
defend your rights!
To schedule a consultation with our firm, please call (404) 907-1536 or
fill out an