Can Breathalyzers Be Wrong?
While DUI charges seem to hinge on breathalyzer readings, the truth is that these tests for blood alcohol concentration (BAC) are often incorrect for a variety of reasons. If you’ve been charged with driving under the influence (DUI) of alcohol, the stakes are high. Our experienced defense attorneys at Banks, Stubbs & McFarland in Georgia can confidently guide you through the legal process.
Over the Limit
Like other states, Georgia sets its BAC limit at .08 percent. This means that, if you test at .08 percent or higher, you can be charged with DUI. The matter does not, however, end here. If the officer who pulls you over determines that your driving has been negatively affected by alcohol, even if you’re under the limit, you can be charged under Georgia’s DUI Less Safe law.
When Breathalyzer Readings Are Incorrect
Several factors can affect the accuracy of breathalyzers, which fall into several basic categories.
Human Error
Even when officers are well-trained in breathalyzer use, human error can still play a role. For example, mishandling the device or failing to follow the required procedures can render the results inaccurate. Even blowing too hard or not blowing hard enough into the device can skew the results. Human error is even more likely when the officer conducting the test lacks adequate training.
Errors in Recording
Sometimes, the test results are recorded inaccurately. Failing to record essential details or recording readings incorrectly can lead to wrongful convictions. Obtaining a copy of your results and checking for any discrepancies is advised.
Poorly Calibrated Equipment
To provide accurate results, breathalyzers must be calibrated regularly, which requires proper maintenance. Keeping breathalyzers in good working order involves calibration per the manufacturer’s instructions, which often requires specialized equipment.
When breathalyzer equipment produces inconsistent readings or displays errors, it’s a sign that there’s a problem. Equipment records can provide important information about scheduled maintenance and any history of malfunctions.
The Impact of Certain Foods and Drinks
Even certain foods or drinks you’ve recently consumed or medicine you’ve taken can directly affect your BAC reading. Consider the following:
- Foods such as energy drinks, pastries, and bread contain sugar alcohols, which have a chemical composition that is similar to that of ethanol in alcohol.
- Spicy foods can lead to acid reflux, which can bring the acids and alcohol from your stomach back into your mouth.
- Asthma inhalers use alcohol as a delivery propellant.
The short-term effects of certain foods, drinks, and medications can alter breathalyzer readings and should be carefully considered.
It’s Time to Consult an Experienced Georgia DUI Defense Lawyer
If you’re accused of DUI, you face severe legal fines and penalties along with damaging social consequences. The accomplished defense attorneys at Banks, Stubbs & McFarland have a solid track record of successfully challenging inaccurate breathalyzer readings and resolving challenging cases favorably. Learn more about how we can help. Contact us online or call 770-887-1209 today.