Breathalyzer tests are a common tool in law enforcement’s arsenal for determining a driver’s sobriety. While these devices play a critical role in DUI arrests, they are not infallible. This blog examines how breathalyzers work, their importance in DUI arrests, and highlights potential inaccuracies and the legal challenges they present.
How Breathalyzers Work
A breathalyzer estimates the concentration of alcohol in an individual’s bloodstream by measuring the amount of alcohol in their breath. When a person drinks alcohol, it enters the bloodstream and is eventually metabolized by the liver. However, some of this alcohol is not metabolized and is expelled through the lungs. Breathalyzers capture a breath sample and use chemical reactions and infrared spectroscopy to measure the alcohol level, converting this figure into a blood alcohol concentration (BAC) reading.
Importance in DUI Arrests
Breathalyzers provide law enforcement with a quick and relatively easy method to assess impairment due to alcohol. The results of these tests are crucial for establishing probable cause for an arrest under DUI laws. Most states have set a legal limit of 0.08% BAC; exceeding this limit typically results in a DUI charge. This tool helps reduce the subjective nature of solely relying on field sobriety tests, aiming to provide a more objective measure of impairment.
Potential Inaccuracies and Legal Challenges
Despite their utility, breathalyzers are not without issues. Several factors can affect their accuracy, leading to potential legal challenges in court.
- Device Calibration and Maintenance: Breathalyzers require regular calibration and maintenance to function correctly. Failure to adhere to maintenance schedules can lead to incorrect readings. Defense attorneys often request maintenance records to verify if the device was in optimal working condition at the time of the test.
- Operator Error: The accuracy of a breathalyzer test can also depend on how the test is administered. Improper handling or lack of training can skew results. This aspect is often scrutinized in DUI defenses.
- Physiological Variations: Individual factors such as a person’s metabolism, medical conditions (like acid reflux), or even recent dental work can affect breathalyzer results. For example, mouth alcohol — alcohol trapped in the mouth from recent drinking, burping, or belching — can lead to falsely high BAC readings.
- Environmental Interferences: External factors such as the presence of certain chemicals or fumes in the environment can also impact breathalyzer accuracy. These elements can sometimes be mistaken by the device as ethyl alcohol.
Legal Defenses Based on Breathalyzer Inaccuracies
Given these potential inaccuracies, breathalyzer results are often contested in court. Defense strategies may include challenging the calibration and maintenance records of the device, the qualifications and actions of the operating officer, or the presence of physiological or environmental factors that may have impacted the results.
Act Now, Contact Simmons & Wagner Before It’s Too Late
While breathalyzers are a fundamental tool in DUI enforcement, their results are not beyond reproach. Understanding the nuances of how these devices work and recognizing their potential flaws is crucial for both defense attorneys and their clients. At Simmons & Wagner, we specialize in DUI defense in Orange County and are adept at navigating the complexities associated with breathalyzer tests.
If you face a DUI charge and question the accuracy of a breathalyzer test, it is essential to consult with an attorney who can effectively challenge the evidence and advocate on your behalf.
For more information on defending against Orange County DUI charges and the intricacies of breathalyzer tests, contact Simmons & Wagner for a consultation. Our expert team is committed to ensuring the most favorable outcomes for our clients through meticulous legal representation.