Smoking cigarettes can result in a higher BAC result.
As any DUI defense attorney Orange County, CA can tell you, breathalyzers are often inaccurate. Whether they are administered roadside or at a police station using an expensive machine, chemical breath tests can be affected by any number of issues. The machine may be improperly calibrated, the software may have a defect — or certain physical factors with the person taking the test can impact the results. One of these factors is smoking cigarettes.
Breathalyzers are used to measure a person’s blood alcohol concentration, or BAC. These tests detect the presence of certain alcohol compounds in a person’s breath, and then use specific calculations to extrapolate that measurement into a BAC reading. In California, the legal limit for most drivers is .08% BAC.
There are a number of factors that can affect the accuracy of a chemical breath test. This includes issues with the person taking the test. For example, if you vomit before taking the test, it can produce a false positive BAC reading. For this reason, law enforcement officers who administer chemical breath tests are required to follow certain procedures before giving the test.
However, these procedures cannot account for all of the ways that are bodies are different. Some people suffer from a rare condition known as auto brewery syndrome, where their bodies produce alcohol after they eat certain foods (typically carbohydrates). People on the keto diet or who are diabetic may also have false positive breath test results because of their body chemistry. Another factor that can influence the results of a breathalyzer is smoking.
Chemical breath tests detect the presence of any compound containing the methyl group in its molecular structure. This will capture the presence of alcohol in your system, as alcohol is composed of methyl. But other substances may contain the methyl group — such as the presences of acetaldehyde. This compound is produced by the liver as it processes alcohol, as well as in the lungs. In theory, the presence of acetaldehyde means that you have consumed alcohol. However, scientists have discovered that people who smoke cigarettes have higher concentrations of acetaldehyde in their lungs — even if they are completely sober. This means that smokers are more likely to have a higher reading because chemical breath tests cannot distinguish between alcohol and acetaldehyde — or acetaldehyde that is due to smoking versus alcohol consumption.
If you smoke, you should be aware of the possibility of a higher BAC reading with breathalyzer tests. Remember that unless you are currently on DUI probation or are under the age of 21, you are never required to take a roadside (pre-arrest) breathalyzer test. If you are arrested on suspicion of driving under the influence, you will be required to take either a chemical breath or blood test. A blood test will typically be more accurate, particularly for smokers. It will also allow your DUI defense attorney Orange County, CA to request a sample for independent testing.
The Chambers Law Firm represents clients throughout Southern California who have been charged with DUI. We are fierce advocates for our clients, and work hard to obtain the best possible outcome. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a DUI defense attorney Orange County, CA.
