In today’s society, most DUI accident attorneys have heard horror stories about field sobriety tests, blood alcohol levels, and friends or family members being convicted of a DUI. If you find yourself in this position, do know one thing: Being convicted of a DUI isn’t inevitable – and it’s not a hopeless case.
DUI prosecutors will work hard to try and prove you were driving under the influence by using factors like poor performance on a field sobriety test, the smell of alcohol on your breath, or the results of a breath or blood alcohol test.
The reality is that these tests can be faulty and are subject to multiple interpretations. In fact, nearly all experts admit that breath testing is subject to several inaccuracies and can vary by as much as 12 percent.
If you’ve been accused of driving under the influence, here are a few things you should know about breath alcohol tests – and why they’re not always accurate:
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Breath test devices must be approved – All breath-testing instruments must be listed on the Federal List of Approved Breath Evidential Instruments. If you or your DUI lawyer discover the instrument used on you was not approved, the results hold no weight in your trial.
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The machines can detect non-alcoholic compounds – The machines that are used in DUI breath testing also detect the volatile fumes associated with paint, lacquer, gasoline, and some dry cleaning fluids. Sometimes, these compounds are ingested at work and later show up on the breath alcohol test. This is why you should always request a second, independent test.
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Machine malfunctions – The majority of states specify that if the breath test instrument malfunctions or requires repair within a certain period of time before or after your breath test, the results are considered invalid. The exact time period varies by state, so be sure to read up on your local laws.
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Portable breath tests can be improperly administered – Most manufacturers require a minimum of two tests to be administered in order for the results to be valid.
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Post-driving alcohol absorption is also a factor – In order for the test results to be used against you in court, the prosecutor must prove your blood alcohol level at the time of driving. If you consumed alcohol immediately prior to driving, your results will be higher than the true level while you were operating the vehicle.
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The machine can pick up “mouth alcohol” – One of the reasons a breath-testing machine isn’t considered 100 percent accurate is that it can detect mouth alcohol instead of the intended deep lung air. DUI arrestees who’ve recently ingested things like cold medicine, mouthwash, or cough syrup will likely read a higher blood alcohol level than what is true. The same can be said for individuals with braces, cavities, dentures, and other orthodontic work.
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The person administering the test must be certified – If the individual operating the breath-testing machine isn’t certified in accordance with state law, the results are considered invalid. If you have a DUI lawyer, he or she can request proof of the testing officer’s certification.
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Burping or vomiting should delay the start of the breath test – If you vomit or burp prior to taking the breath test, the officer should restart the observation period. Why? This can contaminate your mouth and affect the results. Failure to do so can be grounds for excluding the BAC results.
As always, the final decision depends on the jury and judge involved in your case. However, the above tips can play a big role in the outcome of your case so be sure to consider them when entering into a DUI trial.
Article courtesy of accident lawyer experts at Accidents.com