If you are pulled over on suspicion of driving under the influence (DUI), the state of Virginia requires you to yield to a blood, urine or breath test if requested by law enforcement. By accepting a driver’s license to operate a motor vehicle in Virginia, the state’s “implied consent” law automatically compels you to submit to law enforcement to conduct this test during a DUI stop.
The penalties for drunk driving can be very severe. Thus, if you are falsely accused of driving while intoxicated, it is important that you work out your defense strategy as soon as you possibly can. It is crucial to understand that breath tests are not always right. Many factors affect the outcome of your breathalyzer test. One of these is the medications you were using during the test. Your breathalyzer test result may be inaccurate if the test is conducted while you are suffering from any of these medical conditions:
An individual who is struggling with diabetes is likely to have high acetone concentrations in their breath. If you are subjected to a breathalyzer test, the high acetone levels in your breath can give a skewed result. Be sure to let the police know that you are diabetic before administering the test.
People who suffer from gastro disorders (GERD) or acid refluxes usually register high BAC levels on breath tests than those who do not suffer from this disorder. The false positive result occurs due to high acid build-up in the gut of those who suffer from this condition.
This may come as a surprise, but heart disease too has been reported to trigger a false positive during a breathalyzer test. That said, any illness or medication can potentially elevate your blood alcohol level resulting in a false BAC test outcome.
Operating a motor vehicle while intoxicated is a very serious offense in Virginia. However, it is important to understand that breathalyzer equipment is never 100 percent accurate. If you believe you have a medical condition that might have skewed your test result, it is important to figure out how to challenge the result during your trial.