Breath Testing

Can Breathalyzer Tests Be Wrong? Common Defense Strategies in South Carolina

Understanding how Breathalyzer tests work and if they can be incorrect is important for anyone facing DUI charges in South Carolina. Breathalyzer tests are commonly used by law enforcement to check for alcohol levels in a person’s system, but these tests are not always accurate. Mistakes can happen, and there are several ways that the results of a Breathalyzer test can be challenged in court. Knowing more about the errors that can happen with these tests and the defense strategies available can help individuals understand what to expect in their case and provide a foundation for working with a skilled legal team to fight DUI charges. At, The Bateman Law Firm, we are here to guide you through the legal process and help you navigate the complexities of your case.

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How Breathalyzer Tests Work and Why They’re Used

Breathalyzer tests are designed to measure the level of alcohol in a person’s breath and then use this information to estimate the amount of alcohol in their blood, known as blood alcohol concentration or BAC. Law enforcement officers often use these tests at traffic stops if they suspect a driver is impaired. In South Carolina, a BAC level of 0.08 percent or higher is the legal limit for most drivers, meaning it is illegal to drive with a BAC at or above this level. If someone tests above this limit, they can be charged with driving under the influence or DUI. One of the reasons Breathalyzer tests are used is that they are faster and easier than taking a blood sample, which requires medical personnel. However, despite their convenience, Breathalyzer tests can sometimes give inaccurate readings. Many factors can cause these tests to be wrong, leading to someone being unfairly charged with a DUI. That is why it’s essential to know more about how these tests work and what factors might cause them to be inaccurate.

Factors That Can Make a Breathalyzer Test Inaccurate

While Breathalyzer tests are often used by police, several factors can affect their accuracy. One major factor is the condition of the Breathalyzer machine itself. Like any device, these machines must be regularly maintained and calibrated to give accurate readings. If a machine hasn’t been properly calibrated, it may give a false high reading, making it look like the person’s BAC is higher than it actually is. Another issue that can impact the test’s accuracy is how it is administered. Law enforcement officers are required to follow specific procedures when using Breathalyzers, and any deviation from these procedures can result in an inaccurate result. For example, officers are usually supposed to observe a person for a period before giving them a Breathalyzer test. This helps to ensure that any alcohol still in the person’s mouth does not affect the results. If an officer skips this step, the test might show a higher BAC level than the actual amount.

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 Medical conditions can also play a role in creating inaccurate Breathalyzer results. Certain health issues, like acid reflux, diabetes, and other metabolic conditions, can lead to readings that falsely indicate a high BAC. These conditions can cause the presence of substances in a person’s breath that the Breathalyzer may mistake for alcohol. Lastly, environmental factors can sometimes cause Breathalyzers to produce false results. Things like chemicals from cleaning products or even certain foods can lead to an inaccurate reading. Understanding these potential issues is essential when building a defense against DUI charges based on Breathalyzer results.

Common Defense Strategies Against Breathalyzer Evidence

There are various defense strategies that attorneys use to challenge Breathalyzer results in DUI cases. The strategies often depend on the specific circumstances of the case, such as how the test was administered, the person’s health conditions, and other factors. Below are some of the most common defense approaches that can be used to question the validity of Breathalyzer evidence in South Carolina.

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Challenging the Accuracy of the Breathalyzer Machine One defense strategy is to question whether the Breathalyzer machine was working properly at the time of the test. Machines that are not regularly maintained or calibrated can produce inaccurate results. If the attorney can show that the machine used was faulty or had not been properly calibrated according to guidelines, the test result might not be considered reliable evidence in court. To prove this, an attorney may request maintenance records of the Breathalyzer machine used in the case. These records can show whether the machine was regularly checked and calibrated. If the records indicate a lack of maintenance or calibration, this can be used to argue that the test result is not accurate.

Questioning the Test Administration Procedure

Another common strategy is to examine whether the test was administered correctly. Law enforcement officers must follow strict guidelines when giving a Breathalyzer test. If they fail to follow these procedures, the test results may be inaccurate. For instance, if the officer did not observe the driver for the required period before conducting the test, this could be used to question the results. An attorney might also investigate whether the officer conducting the test was properly trained to use the Breathalyzer. Officers need specific training to operate these machines, and if the officer lacked this training, this could be another reason to question the results.

Considering the Driver’s Health Conditions

Health conditions are another important factor in defending against Breathalyzer evidence. People with certain health issues, like acid reflux or diabetes, can sometimes produce breath samples that may be mistaken for alcohol by the Breathalyzer. For example, people with diabetes may have high levels of acetone in their breath, which a Breathalyzer could interpret as alcohol.

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 In cases where a health condition may have influenced the Breathalyzer reading, an attorney can present medical records or testimony to show that the results may not accurately reflect the driver’s actual BAC. This can help to create reasonable doubt about the accuracy of the test and its use as evidence in the case.

Arguing That Mouth Alcohol Affected the Test Result

The presence of alcohol in a person’s mouth, rather than in their bloodstream, can also lead to inaccurate Breathalyzer readings. This situation can happen if the person recently used mouthwash, cough syrup, or another product containing alcohol. Law enforcement officers are usually supposed to wait a certain period to ensure there is no residual alcohol in the person’s mouth before conducting the test. However, if the officer does not wait, this can result in a reading that is higher than the true BAC. An attorney can argue that mouth alcohol, rather than blood alcohol, caused the high reading. To support this defense, they might use evidence showing that the person had recently used a product containing alcohol or highlight that the officer did not wait the necessary time before administering the test.

Using Rising Blood Alcohol as a Defense

Rising blood alcohol is a defense that involves arguing that the person’s BAC was lower when they were actually driving than when the Breathalyzer test was administered. Alcohol takes time to be absorbed into the bloodstream after a person consumes it. So, if someone had their last drink just before driving, their BAC might still be rising while they were on the road. By the time the test is conducted, their BAC could be higher than it was when they were driving. An attorney can argue that the test results don’t accurately represent the BAC at the time of driving, only at the time of testing. This defense can be supported by examining the timing of the driver’s last drink and when the Breathalyzer test was administered. If there was a delay between the traffic stop and the test, this can add weight to the argument that the person’s BAC was still rising and therefore does not reflect their condition while driving.

Working with an Attorney for a Strong Defense

For individuals facing DUI charges, understanding the defense options available can make a big difference in the outcome of the case. Because Breathalyzer tests are not always accurate, there are several ways to challenge the results in court. An experienced attorney will look at the specific details of each case to determine the best defense strategies to pursue. Whether it’s questioning the machine’s accuracy, examining the officer’s procedures, or considering the impact of health conditions, a good defense can help create reasonable doubt and potentially reduce or dismiss charges. If you or a loved one has been charged with a DUI in South Carolina, it’s essential to have a skilled attorney who can help you navigate the legal process and build a strong defense. The Bateman Law Firm has extensive experience helping clients understand their rights and fighting DUI charges in court. With a deep understanding of South Carolina’s DUI laws and a commitment to each client’s unique situation, The Bateman Law Firm will work with you to explore all possible defense options. Contact The Bateman Law Firm today to discuss your case and take the first step toward protecting your future.