A police officer pulling you over may result in a DUI charge. A breath test is one of the most common tools law enforcement uses as evidence to support the suspicion that you are driving under the influence.
What happens if the breath test is not accurate? There are a few ways that this standard roadside device may fall short and result in a dismissal of the charges against you. Find out some of the most common reasons a court may throw out the results of a breath test.
The officer did not administer the test correctly
Not every police officer has the training required to give a breath test. Many factors go into ensuring the right results. This includes understanding whether the machine’s calibration is accurate. When the calibration is off even a little, the resulting BAC may prove wildly inaccurate. A court may toss the entire test should an officer fail to follow protocol or the machine’s settings yield a faulty BAC.
The machine yields a false positive
There are some scenarios other than faulty calibration that give a false BAC level. The timing of the test may prove critical since a lengthier passage of time allows more alcohol to absorb into the body. This may mean that you were not legally intoxicated while driving, but by the time the officer administers the breath test, the alcohol increased to put you over the limit. Other factors that may yield a false positive include:
- A ketogenic diet
- Medical disorders
- Prescription medication
Understanding that the breath test administered by police is not always reliable may go a long way in helping you mount a defense.