When someone is stopped in South Carolina under suspicion of driving under the influence, one of the first steps law enforcement might take is to administer a breathalyzer test. These devices are meant to measure the alcohol level in a person’s breath and determine whether it’s over the legal limit. However, breathalyzers are not always reliable. Sometimes, their readings can be inaccurate, and these inaccuracies may have serious consequences for people facing DUI charges. Understanding how and why breathalyzers can produce incorrect readings is crucial, especially if you or someone you know is involved in a DUI case. At, The Bateman Law Firm, we are here to guide you through the legal process and help you navigate the complexities of your case.
350+ Reviews
5.0 Star Average
What Breathalyzers Measure and How They Work
Breathalyzers are designed to estimate the amount of alcohol in a person’s bloodstream by measuring the alcohol content in their breath. When someone consumes alcohol, it enters the bloodstream and is carried to the lungs. As a person breathes out, some of the alcohol leaves the body through their breath. Breathalyzers capture this breath and measure the alcohol present. The device then uses this measurement to estimate the blood alcohol concentration (BAC), which helps determine whether someone is over the legal limit. However, because breathalyzers only measure breath alcohol and not blood alcohol directly, they can be prone to errors.
Breathalyzers are built to help officers make quick decisions, yet the way they measure alcohol can lead to inaccurate readings. Factors like the person’s breathing patterns, their metabolism, and even the environment can interfere with the results. While the process seems simple, there are a lot of technical aspects involved, and even slight mistakes can cause significant inaccuracies.
Common Causes of Breathalyzer Inaccuracies
Several factors can lead to inaccurate breathalyzer readings in South Carolina DUI cases. One common issue is that breathalyzers assume a standard conversion rate between breath alcohol and blood alcohol. However, not everyone’s body works the same way, and these differences can cause errors. Factors like body temperature, health conditions, and unique metabolic rates can lead to differences in alcohol processing. This means that two people with the same blood alcohol level might have different breathalyzer readings.
Another common source of inaccuracies involves the calibration and maintenance of the devices themselves. Breathalyzers need to be regularly checked and recalibrated to ensure they provide accurate results. If a device is not calibrated correctly, its readings may be unreliable. Calibration issues can occur due to improper storage or lack of regular maintenance, which can be easily overlooked by officers using these devices.
Environmental factors also play a significant role. Exposure to certain substances, like chemicals or even some common household products, can interfere with breathalyzer sensors and cause the device to produce a false reading. Furthermore, when a person has recently consumed food, mouthwash, or medicine, these substances can linger in the mouth and lead to an inaccurate BAC reading. For instance, certain mouthwashes contain small amounts of alcohol, which might cause the device to register an elevated level of alcohol in the breath.
Health Conditions That May Impact Breathalyzer Results
Many people are unaware that certain medical conditions can affect breathalyzer results. For instance, individuals with diabetes may have elevated levels of acetone in their breath, especially if they are in a state of ketosis. Acetone is a chemical that some breathalyzers may mistake for alcohol, resulting in a falsely high BAC reading. This can put diabetic individuals at risk of being wrongly charged with DUI.
Similarly, people with acid reflux or gastroesophageal reflux disease (GERD) may also be vulnerable to inaccurate breathalyzer readings. Acid reflux causes stomach acids to flow back into the throat and mouth, which can bring up residual alcohol from previous drinking. Even if the alcohol is not currently in the person’s bloodstream, it may still be present in the mouth, leading to a high BAC reading on the breathalyzer.
Health conditions like asthma can also impact results. People with asthma or other respiratory issues may have different breathing patterns, which can affect how breathalyzers interpret their breath. Some people with respiratory conditions might not be able to blow into the device as forcefully, which can lead to insufficient samples and cause the breathalyzer to produce a false reading.
"John Bateman is my absolute go to peer in the legal field when it comes to questions about DUI. . . . He has an innate ability to convey to clients what really matters in their cases. As a fellow attorney, I highly recommend John to anyone in the SC or NC areas who are looking for... legal representation when facing a DUI charge." "John is an excellent DUI attorney. He has received the same field sobriety test training as all police officers in the State, and also the same training as the people who are the instructors of the police officer training courses on field sobriety tests. He is very passionate about DUI's and I recommend him often to people who are facing serious charges in the upstate area." "Very knowledgeable and thorough in his preparation and representation of his clients. He cares for each of his clients and works extremely hard to achieve results. I highly recommend this lawyer.""He has an innate ability to convey to clients what really matters in their cases."
M. Brock
"An excellent DUI attorney. He has received the same field sobriety test training as all police officers in the State"
P. Hammond
"He cares for each of his clients and works extremely hard to achieve results."
C. Grubbs
Improper Usage of Breathalyzers by Law Enforcement
The way officers administer breathalyzer tests is crucial for obtaining reliable results. Proper training and adherence to testing protocols are essential to avoid inaccurate results, yet mistakes can still happen. Officers must ensure the person taking the test is calm and has not recently consumed food, alcohol, or other substances that might interfere with the test. Even a small error in timing or technique can affect the reading, leading to a result that may not truly reflect the person’s blood alcohol level.
Another issue arises if the officer does not wait the required observation period before administering the test. In South Carolina, officers are required to observe the person for a specific period to make sure there are no external factors, like burping or vomiting, that might skew the results. If this observation period is skipped or shortened, it increases the risk of inaccuracies. Additionally, if an officer does not handle the device carefully or follow the correct steps for obtaining a sample, the reading may be flawed.
The Impact of Breathalyzer Inaccuracies on DUI Cases
The consequences of breathalyzer inaccuracies can be serious. When someone is charged with a DUI based on an inaccurate reading, it can lead to harsh penalties such as fines, license suspension, and even jail time. For those falsely accused, the impact can be long-lasting, affecting employment, personal relationships, and mental well-being. A false positive can turn someone’s life upside down, especially if they are dealing with the legal consequences of a DUI conviction.
In South Carolina, DUI charges based on faulty breathalyzer results can be challenged. Attorneys often scrutinize the reliability of the breathalyzer results and may question the maintenance and calibration records of the device used. They may also look at the officer’s training and adherence to proper testing protocols. By focusing on these details, attorneys can sometimes demonstrate that the breathalyzer reading should not be trusted, which may help reduce or dismiss the charges.
Refusing Field Sobriety Tests Choosing a DUI AttorneyRelated Videos
The Importance of Legal Representation in Challenging Breathalyzer Evidence
When facing a DUI charge, it is vital to have strong legal representation to ensure all aspects of the case are thoroughly examined. Lawyers play an important role in analyzing the accuracy of the breathalyzer test and can investigate whether the device was working correctly, whether it was properly calibrated, and whether the officer followed all necessary procedures. They may also consider whether any personal health factors could have impacted the result, as well as any possible environmental factors.
Having an attorney who understands these issues can make a significant difference in the outcome of a DUI case. Lawyers can also request access to maintenance logs, device certifications, and the officer’s training records to assess the reliability of the breathalyzer evidence. By carefully reviewing these details, a lawyer may be able to identify inconsistencies or inaccuracies that could benefit their client’s case.
Understanding Your Rights in South Carolina DUI Cases
In South Carolina, individuals have rights when facing a DUI charge, especially regarding breathalyzer tests. People stopped on suspicion of DUI are not required to take a breathalyzer test, though refusing can have consequences, such as license suspension. However, if you have concerns about the reliability of the test, it is essential to understand that you can challenge its accuracy in court. Knowing these rights and how to defend them is key to protecting yourself from potential harm due to an inaccurate test result.
It is also important to remember that just because a breathalyzer result indicates a high BAC, it does not always mean the reading is accurate. With so many factors potentially affecting the results, from the device’s maintenance to health conditions and environmental elements, breathalyzer evidence should be carefully examined before it is accepted as definitive proof of impairment. If you believe that a breathalyzer result is incorrect, contacting a lawyer can help you understand your options and how to address the issue in court.
If you or a loved one is facing DUI charges due to a potentially inaccurate breathalyzer reading, it is important to have a reliable legal advocate on your side. The Bateman Law Firm understands the complexities involved in DUI cases and is here to help you navigate these challenges. Our firm can review the specifics of your case, examine the breathalyzer evidence, and work to ensure that your rights are fully protected. Contact The Bateman Law Firm today for guidance and support in handling your South Carolina DUI case.