A breathalyzer test checks for the level of alcohol in a person’s bloodstream, or their Blood Alcohol Content (BAC). Officers use this information to make DWI arrests, but can the test results be inaccurate or the machinery faulty? Here’s what you need to consider.
Breathalyzer Tests 101
There are multiple types of breathalyzer tests on the market, but not all are suitable for law enforcement use. A semiconductor oxide-based test is less accurate and typically reserved for personal use, while infrared spectrometry is more accurate, but a larger device that is usually stored at a hospital or police department.
Types Of Testing
Officers in the field typically use a fuel cell tester, which interacts with the alcohol in a person’s bloodstream through their breath by creating a chemical reaction. This chemical reaction then creates an amount of electricity, which varies depending on how much alcohol is in the person’s breath. The more electricity that is generated, the higher the reading output will be.
What Factors Can Compromise the Test’s Accuracy?
Certain protocols must be followed by law enforcement officers who test individuals for intoxication using a breathalyzer device. If they do not adhere to established criteria during testing, the results may be inaccurate. Here are other common reasons why a breath test may result in a false positive:
- You have medical conditions that cause your levels of mouth alcohol to be higher, like diabetes or acid reflux disease
- You work with VOCs and other chemicals that you breathe in and contain alcohol
- You had a reasonable amount to drink but it was just before you were pulled over
- The officer who stopped you did not have their breathalyzer equipment adequately calibrated
How to Construct a Breathalyzer Defense
To construct a solid defense against a DWI case with a BAC over the legal limit, you need a skilled attorney who can deconstruct the evidence and create doubt that the equipment was adequately calibrated or the test was performed properly.
Reach Out to Brooklyn DWI Lawyer Mark Cossuto Today for Help
New York takes drinking and driving charges very seriously and if convicted, you face hefty fines and jail time. Now is not the time to take risks with your future. By hiring an experienced criminal defense attorney in Brooklyn, you can increase your chances of winning your case. Call Mark Cossuto now to learn more about DWI charges or to schedule your consultation at (800) 609-4545.