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Can I Fight My Breath Test Results?

  • By: Donald J. Matson, Esq.
  • Published: November 14, 2020
Can I Fight My Breath Test Results?

Sobriety Tests: What You Need To Know

A breathalyzer test is used to detect the amount of alcohol in a person’s bloodstream through their breath. Along with roadside sobriety tests, the results are used to determine if a person should be arrested for a DUI. But could the test be wrong? Here’s what you should consider.

Breathalyzer Basics To Understand

There are three versions of a breathalyzer machine that each work differently to measure the amount of alcohol in a person’s bloodstream. Infrared spectrometry is highly accurate but is a cumbersome device that requires a lot of space. Semiconductor testers are often used for personal BAC testing and are the least accurate of the three. Fuel cell breathalyzer tests are what most law enforcement officers use in the field to test BAC after pulling someone over. This device takes the alcohol in a person’s breath and creates a chemical reaction that produces a minute amount of electricity. This electricity then generates a reading of how much alcohol is in that person’s bloodstream.

How Breathalyzer Tests Can Be Interfered With

Police officers are taught to adhere to a tight protocol when administering a breath test to ensure the results are as accurate as possible. However, not all officers do, leading to false positives or results that can’t be admitted as evidence in court. False positives can also result from:

  • Breathing VOCs, or volatile organic compounds, like paint thinner and gasoline
  • Acid reflux or vomiting shortly before being tested
  • Having a drink and then being pulled over a short while later, causing the breathalyzer to measure your mouth alcohol and not your BAC
  • Police officers who fail to adequately calibrate their breathalyzer machines

How to Defend Yourself Against Positive Test Results

Defending yourself in a DUI case, especially with a BAC that was over the legal limit, is possible but unlikely to be successful. However, an experienced criminal defense lawyer can dismantle the prosecution’s evidence against you bit by bit, until there’s enough doubt created that you can’t be convicted of the crime beyond a shadow of a doubt.

Contact Pasadena DUI Lawyer Don Matson For Help

Don’t wait to get legal assistance after being arrested for driving while intoxicated in Pasadena or the surrounding area. Don understands your future is on the line and is committed to providing you a zealous defense no matter the charges against you. Call now for your private consultation to talk about your legal options at (626) 600-3437.

Donald J. Matson, Esq.

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