Why DUI Breath Tests are Prone to Error

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 Weintraub & Alper Legal. Our firm has more than 55 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 online form.

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