The Strong Defense You Deserve Against Criminal Charges

You can challenge a DUI based on a Breathalyzer

On Behalf of | Jul 5, 2021 | DUI

Summer is a great time to meet up with friends and enjoy the sunshine. You can relax with a few drinks and some food during the day, or sit outside the bar and enjoy the long summer evenings. The police are aware of this and often implement extra DUI checkpoints, especially around the holidays.

Unfortunately, these DUI checkpoints can sometimes end up in innocent people getting charged with a DUI based on a Breathalyzer reading.

Breathalyzer tests are not always correct

You may be having been sitting with friends who were drinking all day, but that does not mean you are drunk. There are some fantastic low alcohol and alcohol-free drinks available to help you stay under the limit. Unfortunately, the Breathalyzer could still show positive. Here are some of the reasons why:

  • It needs calibrating or maintaining: Breathalyzer manufacturers do not guarantee their machines will be accurate forever. They stipulate maintenance schedules, which the police need to follow. If they do not, then it may explain your false positive.
  • Other substances can affect readings: Certain mouthwashes contain alcohol which could push you over the limit. External sources of fumes, such as an open tin of varnish could also affect readings.
  • Medical conditions: Diabetes can cause you to read positive when blowing into a Breathalyzer. Specific low-calorie diets may also do the same.

If charged with a DUI offense, seek legal help to assess your options. A conviction will have a significant adverse effect on your life and your bank account. Even if you cannot challenge the Breathalyzer reading, you may be able to contest the charge on other grounds, such as the validity of the police stop. The important thing is to try.