When pulled over, the last thing you may expect is to complete a breathalyzer test. However, much to your surprise, the test results indicate your BAC is close to or over the legal limit. As such, you’ll be charged with a DUI. You may not know that breathalyzers often have issues where they can produce false results. If you believe a faulty breathalyzer is to blame, you’ll want to contact a Cobb County DUI lawyer to discuss your legal options. It’s also essential to keep reading, as you can familiarize yourself with the most common errors.
What Are Breathalyzers and How Do They Work?
Breathalyzers are small devices that provide a reading of someone’s Blood Alcohol Concentration (BAC) to determine if they are above the legal limit to operate a vehicle. This test requires someone to blow into the device, which will use the concentration of alcohol present in someone’s lungs. Tests are designed so that the necessary volume of air equates to the volume of blood that would be tested to determine a BAC, which is a ratio of 2,100:1, or 2,1000 milliliters of breath to 1 milliliter of blood.
How Can Errors Happen?
There is an abundance of errors that can occur as a result of a defective device or other elements.
One of the most common issues with a breathalyzer device is that the law enforcement department did not properly calibrate the machine when necessary. Like anything, these are electronic devices that require specific circumstances to function as intended. As such, they may not provide the correct readings until calibrated. If an officer administers a test while the device is not working properly, it can incorrectly produce a higher BAC.
Another issue that may cause a higher BAC is specific diets. This is because the body may turn fat into ketone, which creates isopropyl alcohol. This can skew the results of your breathalyzer, as the device may believe it’s ethanol alcohol.
Finally, if the officer administering the test does not do so correctly, it can cause an inaccurate reading. This is often the case with new and inexperienced law enforcement officers.
What Should I Do if I Believe an Error Caused My Arrest?
If you have reason to believe your breathalyzer test was inaccurate for whatever reason, you’ll want to contact an experienced attorney as soon as possible. They may be able to gather evidence to corroborate that the device was not working properly, such as department maintenance records that indicate the device had not been calibrated for an extended period before your test.
At the Miller Law Practice, we understand how anxiety-inducing a breathalyzer test can be. As such, we will do everything possible to help you when a defective device is responsible for your charges. Contact us today to learn how we can help you through this challenging process.