2 Unique Ways A Dui Lawyer Can Prove Your Breathalyzer Reading Was Inaccurate

Law Blog

If you were arrested and charged with a DUI due to the results of a breathalyzer test, yet know you did not drink enough alcohol before driving to impair your judgement on the road, then you may think that fighting your case in court will be "hopeless" due to the results of the breathalyzer test. However, a good DUI lawyer can help you prove your innocence, even if the breathalyzer detected a BAC over the legal limit in your state.

Read on to learn about two unique ways a DUI lawyer can help you prove your innocence in court if you think your breathalyzer test reading was inaccurate. 

1. They Will Determine if Mouth Alcohol Was to Blame for Your High Breathalyzer Reading

A breathalyzer reading is only accurate when it records the level of alcohol present in your breath that comes straight from your lungs. However, it can inaccurately measure your BAC if "mouth alcohol" interferes with the test results. 

Mouth alcohol can interfere with breathalyzer test results if you had a drink within the last 15 minutes, recently burped, or have acid reflux that leads to your stomach contents being regurgitated (including any alcohol you recently consumed) into your esophagus and/or mouth. 

If you believe your breathalyzer test results may have been inaccurate due to the presence of mouth alcohol, then your DUI lawyer will take all the steps they can to prove this in court. 

2. They Can Find Out If Excess Acetone in Your Breath Was to Blame

Everyone's breath contains small amounts of acetone. Normally, there is not enough acetone in a person's breath to affect a breathalyzer reading. However, several medical conditions and a particular weight-loss diet can cause enough excess acetone in a person's breath that it causes a breathalyzer to register a much higher BAC reading than it should. 

Two health conditions that can cause excess acetone in a person's breath include diabetes and hypoglycemia. If you suffer from one of these health problems, then that may be why your breathalyzer test measured a high BAC even though you knew you did not have much to drink prior to driving. 

In addition, low-carbohydrate diets and fasting can throw your body into a state called ketosis that can also lead to extra acetone in your breath.

If you were recently arrested and charged with a DUI, then you may feel like fighting your case is hopeless in court if a breathalyzer test revealed that your BAC was above the legal limit. It is important to realize that breathalyzer readings are not always accurate, and a good DUI lawyer, such as from Thomas & Associates, PC, can help you avoid a DUI conviction by proving that your reading was inaccurate. 


28 October 2017