Unveiling the Truth: Challenging Breathalyzer Results with Legal Expertise

Breathalyzer tests are widely used as a means of measuring blood alcohol concentration (BAC) and are often considered a crucial piece of evidence in DUI (Driving Under the Influence) cases. However, these devices are not foolproof, and challenging their accuracy can make a significant impact on a defendant’s case. In this blog post, we will explore how a skilled lawyer can question the reliability of breathalyzer results and potentially challenge their validity in court.

Understanding Breathalyzer Technology

Breathalyzers are portable devices that estimate BAC levels by analyzing a person’s breath sample. These devices employ infrared spectroscopy, fuel cell technology, or semiconductor sensors to measure the alcohol content. While breathalyzers are generally considered accurate, there are several factors that can lead to misleading results.

Calibration and Maintenance

Regular calibration and maintenance of breathalyzer equipment are crucial for accurate readings. However, if a breathalyzer device has not been properly maintained or calibrated, it can produce inaccurate results. A skilled attorney will investigate the maintenance records and calibration history of the device used in a particular case to identify potential vulnerabilities.

Operator Errors and Inexperience

Breathalyzer tests must be conducted by trained personnel who follow standardized protocols. Unfortunately, errors can occur during the administration of the test, compromising its accuracy. Inexperienced operators may fail to adhere to proper procedures, leading to flawed results. An attorney can challenge the qualifications and training of the personnel involved, potentially casting doubt on the reliability of the test.

Physical Conditions and Medical Factors

Certain physical conditions and medical factors can influence breathalyzer results. For instance, individuals with acid reflux, diabetes, or other medical conditions may produce inaccurate readings due to the presence of substances in their breath that the device may interpret as alcohol. Moreover, certain diets or recent use of mouthwash can affect breathalyzer results. A skilled lawyer will investigate whether any underlying medical conditions or external factors could have influenced the accuracy of the test.

Rising Blood Alcohol Defense

One defense strategy that can be employed by a knowledgeable attorney is the “rising blood alcohol” defense. Alcohol takes time to absorb into the bloodstream, and during that period, a person’s BAC may continue to rise. If the breathalyzer test is conducted when the BAC is still increasing, the results may not accurately reflect the defendant’s level of impairment at the time they were driving. This defense can challenge the relevance and validity of the breathalyzer results.

Interfering Substances

Breathalyzer tests assume that the alcohol detected in the breath sample comes solely from the lungs. However, certain substances, such as mouthwash, breath fresheners, or even paint fumes, can contain alcohol and interfere with the accuracy of the test. An attorney can investigate the presence of potential interfering substances and raise doubts about the reliability of the breathalyzer results.

Contaminated Samples

The collection of a contaminated breath sample can significantly impact the accuracy of breathalyzer results. For example, if an individual regurgitates, burps, or vomits shortly before taking the test, the presence of residual alcohol in the mouth can result in higher BAC readings. A skilled lawyer can investigate the circumstances surrounding the breath sample collection and challenge its validity if contamination is suspected.

Retrograde Extrapolation

Retrograde extrapolation is a mathematical technique used to estimate a person’s BAC at the time of driving based on breathalyzer results obtained at a later time. This method assumes a constant rate of alcohol absorption and elimination. However, individual physiological factors can influence alcohol metabolism, leading to potential inaccuracies in retrograde extrapolation. A knowledgeable attorney can question the validity of this technique, particularly if there are factors that suggest an individual’s metabolism may deviate from the average.

Expert Witnesses and Legal Strategies

Challenging breathalyzer results often requires the support of expert witnesses who can testify on behalf of the defendant. These experts can provide scientific analysis, challenge the reliability of the device used, and offer alternative explanations for the results. Additionally, a skilled attorney may employ various legal strategies, such as challenging the admissibility of the breathalyzer results based on violations of constitutional rights or procedural errors during the arrest.

Questioning the accuracy of breathalyzer results is a vital aspect of DUI defense. By thoroughly investigating the technology, calibration, operator errors, physical conditions, and other factors that can influence breathalyzer results, a knowledgeable lawyer can challenge the validity of the evidence presented in court. If you find yourself facing DUI charges, it is crucial to seek the guidance of a skilled attorney who can employ these strategies to protect your rights and present a strong defense. Remember, challenging breathalyzer results can lead to a significant impact on your case and potentially shape the outcome in your favor.