Colonial Heights DUI Defense of Breath Test Errors

Many people believe failing a breathalyzer test means that they will be convicted of a DUI. BAC results are an important piece of evidence for the prosecution, but blowing above a 0.08 may not be the end of a case. If a DUI lawyer in Colonial Heights can find errors in the breath test machine or the procedure by which the test was conducted, they may use these errors as a defense strategy.

If you were charged with a DUI, do not hesitate to get in touch with a skilled criminal defense attorney. Even if you failed your breathalyzer test, a lawyer may be able to help you fight the charges. Call today to discuss a Colonial Heights DUI defense of breath test errors.

Effect of Alcohol-Based Products on Breathalyzer Results

As alcohol-based product like cough syrup or mouthwash could affect a person’s BAC because the alcohol could register on a breathalyzer. The only way it could be beneficial to the defense, however, is if it could be shown through rebutting evidence that the individual drank or ingested the alcohol or mouthwash contemporaneously with the breath test. It has to be shown by the defense that the only reason they registered the number they registered on the breath test was due to that substance rather than alcohol ingested hours before.

This strategy comes with a caveat, however, because a person could still be considered intoxicated from a legal substance. Even if an alcohol-based product is the reason someone’s breath is above 0.08, it is not going to be an automatic defense if they are intoxicated due to that product. The defense has to show that the reason the person tested high on the breath test is because of the product, but they are also not intoxicated by the product.

Impact of Physiological Conditions on Breath Test Readings

Some physiological or oral conditions could result in a breath test recording that does not reflect an individual’s level of intoxication. For example, certain stomach or esophagus-based illnesses could cause an overly high reading on a breath test. If the individual’s body has not had the opportunity to metabolize the alcohol in their system, a high BAC reading may not correlate to the actual effect on the individual’s motor skills. Vomiting, burping, and hiccupping can also skew breath test results.

Important Information to Provide a Defense Lawyer

A person should provide their attorney with as much information as possible because defense lawyers are more effective when they have all the facts. Attorneys especially want to have a detailed account of everything that took place from the time someone was pulled over to the time the Intoxilyzer spits out a number. This includes:

  • Every failed test
  • Every passed test
  • What they ate
  • What they drank
  • Any medical conditions that they might have
  • If they burped, hiccupped, or vomited
  • Any other problems before or during the breath test

After analyzing the circumstances surrounding the DUI arrest, a skilled defense attorney will begin crafting a defense tailored to the facts of the case.

Consulting with a Colonial Heights DUI Attorney About Breath Test Errors

Failing a breathalyzer test does not necessarily mean your DUI case will end in a conviction. With the help of a criminal lawyer, you could build a Colonial Heights DUI defense of breath test errors to fight the charges. Reach out to an attorney as soon as possible to begin working towards a positive resolution of your case.

Defending Against Colonial Heights DUI Cases