While breath testing equipment is widely used, most specialists acknowledge it carries a certain degree of inherent inaccuracy, leading to potential discrepancies between .005 and .02 percent BAC. The following six circumstances can exacerbate this margin of error, possibly leading to a false positive DUI outcome. A seasoned Pomona DUI lawyer will want to scrutinize all these angles when constructing your defense. Contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
Calibration Issues with Breath Test Equipment
For accurate results, law enforcement agencies need to adhere to specific guidelines when maintaining breath test devices. Non-compliance could lead to faulty readings. If it can be established that over 10 days or 150 uses have passed without recalibration, substantial doubt can be cast on the results of your test in court.
Premature Testing
To ensure mouth alcohol doesn’t skew the results, law enforcement must wait at least 15 minutes before conducting a DUI breath test. This wait time needs to be reset if you are seen drinking, belching, or vomiting during this period. This precaution helps guarantee that the test accurately measures alcohol from deep within the lungs, not just the mouth.
The Role of Your Diet in Test Results
Low-carb diets can trick breath testing equipment by releasing acetone that is mistaken for alcohol. When the body uses fat for energy, it generates ketones that become acetone. This acetone can be present in your breath and may lead to an inflated BAC reading. Similar instances can occur in individuals who are fasting.
Medical Conditions Influencing the Result
People suffering from conditions like gastroesophageal reflux disease, heartburn, or acid reflux might register inflated breath test results due to the backflow of stomach acid into the esophagus and/or mouth. Uncontrolled diabetes can also lead to high BAC readings due to the acetone produced in their bodies as a byproduct of incomplete digestion.
Rising Blood Alcohol Levels
Alcohol absorption into your system can take anywhere between 50 minutes to 3 hours. During the absorption phase, your blood alcohol is “on the rise,” meaning more alcohol is getting absorbed. It’s feasible that your BAC was within the legal limit while driving, but rose just enough to tip you over the limit after being stopped. In such a situation, the test does not accurately reflect your intoxication level while driving.
Environmental Contamination of the Test Sample
External substances such as acetone from paint, alcohol from cleaning agents, or residual alcohol from a previous test can potentially disrupt the breath test results. While measures are in place to prevent this—like testing ambient air between each breath test or using a new mouthpiece each time—if the test operator neglects to conduct or record the “air blank” test or fails to use a fresh mouthpiece, it could allow for an environmental contamination claim. Contact Chambers Law Firm at 714-760-4088 now to request a free legal consultation with an experienced Pomona DUI lawyer.
