The Truth About Breathalyzer Test Accuracy

If you’ve ever been pulled over on suspicion of drunk driving, chances are you’ve encountered a breathalyzer test. These handheld devices are commonly used by law enforcement to measure an individual’s blood alcohol concentration (BAC) and determine if they are over the legal limit for operating a vehicle.

But how accurate are breathalyzers, really? And what can you do if you believe the test results are inaccurate or unreliable? In this comprehensive guide, we’ll dive deep into the truth about breathalyzer test accuracy, exploring the various factors that can influence test results and providing insights into challenging potentially flawed readings.

Understanding Breathalyzer Technology

Breathalyzers work by analyzing the air exhaled from a person’s lungs for the presence of alcohol vapor. There are two main types of breathalyzer devices used by law enforcement:

1. Fuel Cell Breathalyzers: These devices use a chemical reaction between the exhaled breath and a fuel cell to produce an electrical current. The strength of this current is then used to estimate the individual’s BAC.
2. Infrared Breathalyzers: These devices measure the absorption of infrared light by alcohol molecules in the exhaled breath, using this data to calculate the BAC.

Both types of breathalyzers are calibrated to provide a numerical reading of the individual’s BAC, typically expressed as a percentage or in grams per deciliter. In most states, a BAC of 0.08% or higher is considered legally impaired and grounds for a DUI/DWI charge.

Factors Affecting Breathalyzer Accuracy

While breathalyzers are widely used and generally accepted as evidence in DUI/DWI cases, their accuracy can be influenced by a variety of factors. Here are some of the most common:

1. Environmental Conditions: Factors such as temperature, humidity, and altitude can impact the performance of breathalyzers, potentially leading to inaccurate readings.
2. Personal Physiological Factors: Individual differences in body weight, gender, metabolism, and certain medical conditions (e.g., diabetes, acid reflux) can affect how alcohol is processed and expelled from the body, leading to inaccurate breathalyzer results.
3. Residual Mouth Alcohol: If an individual has recently burped, vomited, or consumed alcohol-based products (e.g., mouthwash, cough syrup), residual alcohol in the mouth can be detected by the breathalyzer, resulting in an artificially high BAC reading.
4. Device Calibration and Maintenance: Breathalyzers must be properly calibrated and maintained to ensure accurate results. Failure to do so can lead to incorrect readings.
5. Officer Training and Procedures: Improper administration of the breathalyzer test by the officer, such as not following the correct procedures or providing inadequate instructions, can also contribute to inaccurate results.

Challenging Breathalyzer Results

If you believe the breathalyzer results in your DUI/DWI case are inaccurate or unreliable, there are various legal strategies you can employ to challenge the evidence:

1. Request a Blood Test: Blood tests are generally considered more accurate than breathalyzers in measuring BAC. Requesting a blood test can provide a more reliable measure of your actual BAC at the time of the incident.
2. Challenge Device Calibration and Maintenance Records: You can request the calibration and maintenance records for the breathalyzer used in your case. If there are discrepancies or lapses in proper maintenance, this could undermine the reliability of the test results.
3. Question Officer Training and Procedures: If the officer administering the breathalyzer test did not follow proper procedures or provide adequate instructions, this could be grounds for challenging the results.
4. Hire an Expert Witness: An expert witness, such as a toxicologist or breathalyzer technician, can scrutinize the test results and provide testimony regarding potential inaccuracies or flaws in the testing process.
5. Raise Physiological or Medical Factors: If you have a medical condition or personal physiological factors that could potentially impact breathalyzer accuracy, presenting this evidence could help challenge the results.

It’s important to note that challenging breathalyzer results can be a complex legal process, and the success of your challenge will depend on the specific circumstances of your case. Working with an experienced DUI/DWI attorney is crucial to ensure your rights are protected and all available avenues for challenging the evidence are explored.

Alternative Methods of BAC Testing

While breathalyzers are commonly used, there are alternative methods for measuring an individual’s BAC that may be more accurate or reliable in certain situations:

1. Blood Tests: As mentioned earlier, blood tests are generally considered the gold standard for measuring BAC, as they directly analyze the alcohol content in the bloodstream.
2. Urine Tests: Urine tests can also be used to detect the presence of alcohol and estimate BAC, although they are less commonly used than blood tests or breathalyzers.
3. Emerging Technologies: Researchers are exploring new technologies, such as transdermal alcohol sensors and automated sobriety monitoring systems, which could potentially provide more accurate and continuous monitoring of BAC levels.

Conclusion

While breathalyzers are widely used in DUI/DWI enforcement, their accuracy can be influenced by various factors, including environmental conditions, personal physiological factors, device calibration, and officer training. If you believe the breathalyzer results in your case are inaccurate or unreliable, it’s crucial to explore all available legal options for challenging the evidence, such as requesting a blood test, scrutinizing device maintenance records, and raising physiological or medical factors that could impact test results.

Remember, a DUI/DWI conviction can have severe consequences, including fines, license suspension, and even jail time. If you’ve been charged with a DUI/DWI, it’s essential to seek legal representation from an experienced attorney who can evaluate the evidence and provide guidance on the best course of action for your specific situation.

By understanding the potential limitations of breathalyzer tests and exploring alternative methods of BAC testing, you can ensure a fair and accurate assessment of your case, protecting your rights and minimizing the risk of unjust consequences.