How Breathalyzers Work and How They Can Fail
Breathalyzers are a cornerstone in enforcing DUI (driving under the influence) laws nationwide. They are commonly used by law enforcement to determine a driver’s level of intoxication and are often the primary evidence in DUI cases.
Given their critical role in these cases, it’s essential to understand how breathalyzers work and the potential issues that arise from their use. Accurate testing is vital to ensure that DUI laws are enforced justly and innocent people are not wrongly convicted.
How Breathalyzers Work
Breathalyzers operate on a relatively straightforward scientific principle: measuring alcohol concentration in a person’s breath to estimate their Blood Alcohol Content (BAC). When you consume alcohol, it is absorbed into your bloodstream and eventually makes its way to your lungs. As you exhale, the alcohol in your blood evaporates from the lung lining and is released into your breath. The breathalyzer captures and analyzes a sample of this breath to determine the BAC.
Breathalyzers in law enforcement employ infrared spectroscopy or fuel cell sensors to detect alcohol levels. In infrared spectroscopy, the device shines a light through the breath sample. Alcohol molecules absorb specific wavelengths of light, and the device measures the amount of light absorbed to estimate the BAC. In contrast, fuel cell breathalyzers rely on a chemical reaction in the presence of alcohol. The reaction generates an electric current, the strength of which is proportional to the alcohol concentration in the breath sample.
While the science behind breathalyzers is sound, the accuracy of the results can be influenced by several factors, leading to potential errors.
Limitations of Breathalyzer Testing
Breathalyzers, though widely used, are not infallible. Several factors can affect the accuracy of their readings, sometimes leading to false positives or negatives.
- Environmental Factors: One of the most common issues affecting breathalyzer accuracy is the presence of residual alcohol in the mouth. This can occur if the individual has recently used mouthwash, breath spray, or even consumed certain types of food. The residual alcohol can result in an artificially high BAC reading, leading to a false positive. Exposure to certain chemicals, such as paint fumes or gasoline, can also interfere with the sensor’s accuracy.
- Medical Conditions: Medical conditions can also play a role in skewing breathalyzer results. For instance, individuals with acid reflux or GERD (Gastroesophageal Reflux Disease) may have alcohol vapors from the stomach that can rise to the mouth, affecting the breath sample. Individuals with diabetes with high levels of ketones in their breath may produce acetone, which some breathalyzers might mistakenly identify as alcohol, leading to a false positive.
- Calibration and Maintenance: Another significant factor is the device’s calibration. Breathalyzers must be regularly calibrated and maintained to ensure accurate readings. If a device is not correctly calibrated, the results can be unreliable. Even slight deviations from the correct calibration can lead to significant errors in BAC readings.
These limitations underscore the potential for breathalyzer results to be challenged, especially in legal settings where the consequences of a false positive could be severe.
Legal Implications of a DUI Conviction
Breathalyzer results are heavily relied upon in DUI cases, often serving as key evidence in the prosecution’s case. A positive reading typically leads to immediate legal consequences, such as arrest, license suspension, and potentially severe fines or jail time. However, given the potential for inaccuracies, breathalyzer evidence is not always as definitive as it seems.
This is where the role of a defense attorney comes into play. Lawyers can challenge the reliability of breathalyzer results by questioning the device’s calibration, the conditions under which the test was administered, and whether any medical conditions or external factors could have skewed the results.
Defense Strategies Against Breathalyzer Tests
Defense strategies against breathalyzer evidence may focus on undermining the credibility of the test. Attorneys may request the maintenance records of the breathalyzer to check if it was calibrated correctly. They might also bring in expert witnesses to testify about the limitations of breathalyzer technology or the potential for certain medical conditions to affect the results.
Sometimes, a lawyer may argue that the breathalyzer test was improperly administered, violating the defendant’s rights. This could potentially result in the breathalyzer evidence being deemed inadmissible in court.
A Breckenridge DUI Lawyer Can Help With Your Summit County DUI Case
If you are facing DUI charges based on breathalyzer results, it is critical to have an experienced Summit County criminal defense lawyer who understands the weaknesses of this technology and how it intersects with the law. At Whitaker & Penix, LLC, we are dedicated to ensuring that justice is served.
Contact one of our DUI attorneys in Breckenridge to discuss your case and explore your legal options. Give our firm a call at (970) 368-0602 for a free consultation.