What Can Cause Unreliable Breathalyzer Results?

Understanding Unreliable Breathalyzer Results in Oakland, California

When you face a DUI charge in Oakland, California, your Blood Alcohol Concentration (BAC) can significantly impact the outcome of your case—turning a possible felony into a misdemeanor. According to California’s Implied Consent Law, all individuals operating vehicles are required to undergo a chemical test if stopped for suspicion of driving under the influence.

It’s crucial to recognize that breathalyzer tests and other chemical assessments are not infallible. Various factors may lead to inaccurate BAC readings, potentially resulting in unjust penalties in court.

If you have been charged with a DUI, it is imperative to understand your rights. A DUI conviction, particularly if you have prior offenses, can result in severe consequences, including substantial fines, potential imprisonment, and the possibility of a felony record.

Continue reading to uncover some common causes for unreliable breathalyzer results, which can serve as potential defenses against a DUI conviction.

Common Errors in DUI Breath Tests

Standard procedures must be adhered to when law enforcement administers a chemical or breathalyzer test. Although drivers technically consent to these tests during traffic stops, breathalyzers do exhibit certain inaccuracies under specific conditions.

Many factors can cause inflated or incorrect breathalyzer readings. If your initial reading exceeds the legal limit of 0.08%, a false result may have significant implications for your case.

First, consulting with an experienced criminal defense attorney is essential if you suspect any inaccuracies with your breathalyzer reading. Here are some frequent causes of unreliable DUI breathalyzer results:

1. Incomplete 15-Minute Observation Period by Law Enforcement

To ensure accurate readings, police officers are required to monitor suspected individuals for a minimum of 15 minutes preceding a breathalyzer test. This observation period helps eliminate residual alcohol—often referred to as “mouth alcohol”—that could skew the device’s reading.

Residual alcohol can lead to an artificially high BAC level. Officers must ensure that during this observation period, you do not engage in any activities such as regurgitation or ingesting anything that might contaminate the breathalyzer result.

2. Medical Conditions or Diet Influencing BAC Readings

Several medical issues can mistakenly elevate your BAC, with conditions like diabetes and hypoglycemia contributing to inaccurate alcohol measurements. Additionally, individuals adhering to a high-protein diet may experience similar results due to ketones entering the bloodstream and being exhaled during breath tests.

3. Lack of Probable Cause for the Breathalyzer Test

For the results of a breathalyzer to be viewed as valid evidence, the initiating officer must demonstrate probable cause for the traffic stop. If it can be shown that there was a lack of reasonable suspicion, this can serve as a powerful legal argument for defending against charges, potentially leading to the dismissal of the evidence.

4. Issues with Breathalyzer Calibration

Like any technological equipment, breathalyzer devices require regular calibration and maintenance to ensure reliability. Frequent use without such checks can lead to diminished accuracy. If law enforcement fails to regularly calibrate the DUI equipment, the results obtained from it may be questionable.

Impact of BAC Readings on Criminal Cases

Differences in individual physiology can also contribute to inaccuracies in chemical readings. From a legal perspective, relying exclusively on a single breathalyzer result is insufficient to establish guilt definitively. Regardless of the breath test’s integrity, the final verdict in your case is unlikely to hinge solely on this evidence.

The good news is that you have access to multiple legal defense strategies that can be tailored to your individual situation. It’s vital to enlist the expertise of a competent legal defense attorney who can evaluate the specific details of your case and chart the best course of action.

Your Premier Criminal Defense in Oakland

At the Law Offices of Nabiel C. Ahmed, we recognize how daunting it can be to navigate criminal charges. It’s crucial to remember that our legal system is in place to safeguard your right to a fair trial, regardless of the accusation.

Our adept Oakland criminal defense attorney has successfully guided numerous clients to achieve dismissals or acquittals across various charges, ranging from DUIs to drug offenses and theft allegations. If you’re confronted with a criminal charge in California, don’t settle for anything less than the exceptional representation offered by a top criminal defense attorney in the Bay Area.

Facing criminal charges can drastically alter your life, with potentially severe outcomes. Protect your future by taking proactive steps toward your defense. Contact the Law Offices of Nabiel C. Ahmed at 510-576-5544 today to schedule a free consultation.