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San Diego Breath Test Defense Lawyer
California DUI Attorney
Breathalyzers are considered, by many, to be one of the definitive measures of Blood Alcohol Concentration. The reality is that these tools do not actually evaluate a person’s BAC, but instead they indirectly estimate this data using a person’s breath. A real BAC can only be calculated using a blood sample. Almost 25% of people tested with a breathalyzer will have a false positive result. If this happens you will need a San Diego breath test defense lawyer
A small selection of reasons breathalyzers may show inaccurate results include:
Health conditions can affect the result. Both diabetics and people dieting can have much higher acetone levels than the average person. These chemicals can be mistaken by breathalyzers to be alcohol vapors and may result in false positives. Additionally, the tests are heat-sensitive and a person with a fever may also have a false positive on their breathalyzer test.
Eating can affect test results. Eating certain types of foods, including bread and ice cream, within 15 minutes of taking the test can make a sober person display up to a 0.05% BAC on a breathalyzer.
Vomiting or belching creates false highs. If a person drinks and then regurgitates within thirty minutes prior to taking a breath alcohol test, the alcohol fumes in their stomach will reenter their mouths. These fumes will result in a much higher BAC than the person actually has.
Environmental factors cause erroneous results. Paint, paint thinner, gasoline, tobacco, cleaning fluids and other chemical scents may be able to enter the breathalyzer while it is testing and result in a false positive.
Despite this evidence, it is common for the only evidence in a DUI trial to be a person’s breathalyzer test results and the officer’s testimony. A good San Diego breath test defense lawyer can demonstrate that one in four people shown to have a BAC over 0.08% and tested with a breathalyzer are actually not guilty.
If you have been charged with a DUI, San Diego DUI lawyer Henry Root can help. Remember, you only have ten days after your arrest to petition the DMV to avoid suspension of your driving privileges, so contact us today!