Breathalyzer results are a cornerstone of DUI prosecution, but they're not infallible. Understanding their limitations can be crucial for your defense.
Common Accuracy Issues
Improper calibration, mouth alcohol contamination, medical conditions (GERD, diabetes), rising BAC, and radio frequency interference can all produce inaccurate results.
Calibration Requirements
Breathalyzers must be calibrated regularly (typically every 31 days or after a set number of uses). Failure to maintain proper calibration records can invalidate results.
Rising BAC Defense
Your BAC continues to rise for 30-90 minutes after your last drink. If you were tested after this absorption period, your BAC at the time of driving may have been lower than the test showed.
Medical Conditions
GERD, acid reflux, diabetes (producing ketones), and certain diets can cause falsely elevated breathalyzer readings.