After a breathalyzer test indicates that you are above the legal blood-alcohol concentration, you may think your goose is cooked if you are facing driving while intoxicated (DWI) charges. You could be staring at jail time or heavy fines if found guilty. However, everything is not as it seems.
Breathalyzer test results can be inaccurate and lead to wrong conclusions about your sobriety. For example, you may register a reading on a breathalyzer even when you are outright sober. Here are such instances:
A faulty breathalyzer
If the equipment is faulty, it is most likely to give inaccurate results. This can happen due to a general malfunction, wrong calibration, or a problem with the chemicals used in the breathalyzer.
Improper administration
A wrongly administered breathalyzer test can also lead to a false positive. Usually, such a test is supposed to measure alcohol in your breath, not in your mouth, and there is a way that you should blow into the breathalyzer for accurate results.
Possible chemical exposure
Some regular chemicals like acetone or hand sanitizers can throw off a breathalyzer. If you had contact with such chemicals, say at your workplace, the breathalyzer could wrongly indicate that you are under the influence.
Here is what it means for you
Suppose the police used the wrong breathalyzer test results to conduct a field sobriety test. You can file a motion to have any such additional evidence obtained since it was informed by erroneous breathalyzer results.
If your case hinges on inaccurate breathalyzer test results, your trial will likely have a positive conclusion. A DWI is a criminal offense, and a guilty verdict can only be reached when the prosecution proves their case. Make sure you have an experienced defense.
