Common Causes Of A False Positive During A Breathalyzer Test
Posted on: 25 February 2022
A breathalyzer test is one of the most common ways in which a police officer may determine whether you are under the influence of alcohol. However, breathalyzer tests are not always accurate. But regardless of the accuracy, you may still face criminal penalties for the results of a breathalyzer test if you do not seek help from a DUI attorney.
Mouthwash Can Cause a False Positive
The breathalyzer test will attempt to detect alcohol in your breath to calculate how much alcohol is in your blood. This is to approximate how inebriated you are. However, if you have recently used mouthwash that contains alcohol, this could lead to a false positive.
Certain Medical Conditions Cause a False Positive
You might suffer from a medical condition that could lead to a false positive for the breathalyzer. For example, you might have a medical condition that leads to digestive juices being pushed back up into the throat, such as acid reflux, and this could lead to the breathalyzer producing a false positive. Some conditions can also lead to a higher BAC.
Medications Can Confuse a Breathalyzer
Certain medications, such as cold medication, can lead to a false positive. Even some headache medications can lead to a breathalyzer being set off. While most of these medications will not make you drunk, they can remain on your breath long enough to affect a breathalyzer test.
Don't Refuse a Breathalyzer Test
While a breathalyzer test can create a false reading, you will still want to take the test to avoid other consequences. For example, some states will automatically suspend your license if you refuse to take a breathalyzer test. You may still be arrested for a DUI and it's better to contact a DUI attorney so you can fight your charges in court.
How to Beat a DUI Charge
The breathalyzer is used as evidence by the prosecution when seeking a DUI conviction. Therefore, you will need to hire a DUI attorney and discuss how the breathalyzer might have produced a false positive. This can then be used to cast doubt on the prosecution's claim that you were under the influence of alcohol.
To be charged with a DUI, the prosecution must prove beyond a reasonable doubt that you were driving your vehicle under the influence. If not, you may be acquitted of all charges. Therefore, if your DUI makes a strong case for why the breathalyzer test might not be accurate because of other factors, this might save you from being hit with a DUI charge.
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