Breath tests are a common way for law enforcement to check if a person
is driving under the influence of alcohol, but the results of these tests
are not always accurate. In many cases, a failure to properly maintain
the device, health conditions, and even your diet can lead to inaccurate
results on a BAC test.
Not Properly Calibrated
Breathalyzers are fairly complex devices, and a single malfunction can
throw off the results of a breath test significantly. For this reason,
law enforcement officers are required to have these devices calibrated
regularly.Your Indiana DUI defense attorney will be able to subpoena the
calibration and maintenance records for the device.
Additionally, law enforcement officers must follow very strict guidelines
and procedures when administering the test. If they fail to do so, the
results of the test should not be accepted in court. For this reason,
it is helpful to write down everything you remember about the arrest as
soon as possible.
Something You Ate
Your digestive system can actually throw off the results of a breath test
in a number of ways. When certain foods get stuck in your teeth, especially
sweet or starchy items, bacteria in your mouth can produce something called
mouth alcohol. This is a low level of alcohol, but since it is in your
mouth it can definitely skew the results of a Breathalyzer test.
Additionally, a low-carb diet can also trigger false readings from a breath
test. Eating a diet low in carbohydrates can increase the level of ketones
in your body. These ketones can create a false positive on a breath test,
throwing off the results significantly.
A Preexisting Health Condition
Certain health conditions can absolutely cause a false reading, the most
common of which is acid reflux. If you suffer from GERD, heartburn, or
acid reflux, your body can regurgitate gases from the stomach. When these
gases mix with the air in your lungs, it can cause a false reading on
a breath BAC test.
Arrested for DUI in Indiana? Call (888) 988-5659.
In Indiana, a DUI conviction carries serious penalties, including license
suspension, fines, and even jail time. If you’ve been arrested for
DUI, you need aggressive representation to fight the charges against you.
At Baldwin Kyle & Kamish, P.C., our Indiana DUI lawyers have more
than five decades of successful trial experience, and will fight tirelessly
on your behalf when you retain our firm.
Call (888) 988-5659 today for your
free case evaluation.