Handheld Breathalyzer
Oakland Dui Defense Lawyers
When a police officer stops your vehicle under suspicion of DUI, he or she will likely ask you to submit to a breath test to determine your BAC. The way they obtain this sample is by using a handheld Breathalyzer, which measures the amount of alcohol in your breath. Unlike blood tests, Breathalyzer tests are painless and easy to administer on the side of the road.
Their convenience and accuracy make them a favorite for law enforcement officials throughout California. Yet these tests are not nearly as accurate as many are led to believe. Improper administration, inaccurate calibration, certain foods, and even medical conditions can all lead to false readings.
Improper Administration & Calibration
Police officers are supposed to be properly trained to use the handheld Breathalyzer. In addition, these machines must be maintained and calibrated in order to trigger accurate readings.
An officer is supposed to observe a DUI suspect for 15 minutes prior to administering the Breathalyzer. During this time, suspects are not supposed to smoke, chew gum, or eat mints. When they are administering the test, suspects are not supposed to burp, belch, or vomit. These can all falsely raise the Breathalyzer reading. Unfortunately, police officers do not always follow these rules and procedures when administering a Breathalyzer. As a result, innocent men and women are mistakenly arrested for DUI every year.
Foods and Medical Conditions
The Breathalyzers detect any amount of alcohol in your breath. Foods that contain alcohol or that ferment can falsely raise the BAC readings. Mouthwashes and paint fumes can notoriously trigger elevated readings due to the alcohol that is left in the mouth. Also, dieters who follow the Atkins diet can trick Breathalyzers due to the isopropyl alcohol that is produced in high protein diets.
There are numerous medical conditions that can also trick Breathalyzers into thinking you are driving impaired. Some of these medical conditions include:
- GERD
- Untreated Diabetes
- Fasting
- Hypoglycemia
- Yeast infections
- Lyme disease
Contact Us for Experienced Defense
At the Oakland Law Office of Nabiel C. Ahmed, our law firm serves clients in Oakland, Concord, Richmond, and Berkeley. Call us today to set up a review of your case at (510) 907-6600. We know that Breathalyzers are often incorrect and police officers make mistakes. If you are already detained, we are also available for phone consultations and jail interviews. You can also fill out a confidential contact form.
Client Testimonials
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“Mr Ahmed is a very knowledgeable attorney. He went above and beyond to help me with my case. He also gave me sound advice and went over my options.”- Marshall -
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“He worked hard and diligently while going the extra mile. He was patient and caring during my ordeal and even followed up and checked on me afterwards.”- Adarice -
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“Nabiel was able to negotiate a great plea and avoid serious charges. This was especially important since we were looking at significant charges despite this being a first offense.”- Alex G.
