Many people assume that when a DUI suspect fails a breathalyzer test that there will be an open and shut case leading to a conviction. But, this isn't necessarily the case. Breathalyzer tests can be wrong, and claiming that a breathalyzer test has rendered a false positive is a legitimate defense in some cases. If you have failed a breathalyzer test and been charged with DUI, it is imperative that you contact an experienced DUI defense attorney to investigate your case.
Equipment Malfunction
Like any other electronic measuring instrument, breathalyzer machines must be properly calibrated in order to give accurate results. If a breathalyzer machine was not properly calibrated and maintained, the results may be inaccurate. In other cases, the machine itself may simply be unreliable. For instance, in a recent Ohio case the judge threw out breathalyzer test results on the basis that the machine the police were
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Older breathalyzer machines are particularly vulnerable to malfunctioning when radio waves from a police cruiser or signals from a cell phone interfere with them. A federal government study from 1983 noted that a majority of breathalyzer machines then in use were susceptible to errors caused by electromagnetic interference.
False Positive Caused By Health Issue
It is well known among DUI defense attorneys that people suffering from acid reflux sometimes show false-positives when given a breathalyzer test. The reason is that breathalyzer machines are intended to measure alcohol content that is emitted from the lungs, but sufferers of acid reflux also emit alcohol content from their stomachs.
Diabetes can also greatly inflate test results. According to the National Highway Traffic Safety Administration, diabetics often have acetone levels many times greater than normal. For some types of breathalyzer machines, this will cause a false showing of