Breathalyzers provide a quick and relatively easy way for police officers to measure intoxication during traffic stops. These tests help take impaired drivers off the road, which is beneficial for public safety overall.
However, breathalyzer tests are not always 100 percent accurate, and there are a number of things that can cause a false positive. If you happen to fail a breathalyzer test without intoxication, here are other possible reasons you can use for your defense.
There’s something wrong with the machine
Breathalyzer devices can be unreliable. According to the New York Times, these machines are sensitive and can yield higher results when improperly calibrated—as much as 40 percent too high, in fact.
Furthermore, police departments are responsible for maintaining the devices. Unfortunately, some may have subpar standards and expertise, which can cause poorly maintained breathalyzers to produce warped results.
You have a health condition that can cause a false positive
Certain health conditions produce vapors and gases that a breathalyzer machine can detect and mistake as alcohol. These include:
- Diabetes
- Gastroesophageal reflux disease (GERD)
- Liver disease
- Low-carbohydrate diet
But while these factors can affect your breathalyzer results, most modern devices minimize the likelihood of false positives. Law enforcement and legal systems often have procedures in place to confirm initial breathalyzer results with more accurate tests, such as blood tests, to account for such discrepancies.
There is residual alcohol in your mouth, but not from alcoholic beverages
When you use things like mouthwash, breath sprays or cough syrups, they can leave some alcohol in your mouth. This is known as mouth alcohol, and it can create a false positive on a breathalyzer test.
Mouth alcohol goes away quickly when evaporated or swallowed. If you get asked to do a breathalyzer right after using mouth products with alcohol, rinse your mouth or ask the officer to wait a few minutes before taking the test.
Know your legal rights
Breathalyzer tests are not always reliable, and they should not be the sole basis of your arrest, much less a DUI conviction. If you believe you were charged with a false positive breathalyzer result, experienced legal counsel can help you decide on the best course of action.