Does Smoking Affect the Results of a Breathalyzer Test in Greenville, SC?

If you’re ever pulled over on suspicion of DUI, the police are going to look for obvious signs of intoxication. They’re also going to ask you to submit to a breathalyzer test. Once this test is completed, they will ask you to perform a field sobriety test. Once they see the results of these two tests, they will make their decision on whether to arrest you. If they do, you will need to contact the best DUI lawyer in Greenville right away.

The problem is that many factors, including smoking, can skew the results of your breathalyzer test. Our Greenville, South Carolina criminal defense attorneys meet with clients every month who swear they were not under the influence of drugs or alcohol. 

The last thing you want to do is blow a higher BAC level simply because you smoked a cigarette or were chewing tobacco. Unfortunately, it seems like the burden is on the defendant – not the State. This is why it’s a good idea to meet with one of the best DUI lawyers in Greenville. They can review your file and see what kind of evidence the police had at the time of the arrest. Since this will probably include a breathalyzer test, it will give your DUI attorney a chance to look at the results and formulate their argument around the report.

What Does a Breathalyzer Test Measure?

When you get pulled over on suspicion of DUI, the cops are going to ask you to take a breathalyzer test. This involves you blowing into a plastic tube. This tube is connected to a little box. The mechanisms in the machine work to measure the concentration of alcohol in your bloodstream. The higher the BAC, the greater the chance that you’re intoxicated. Since the legal limit is only 0.08, any amount higher than this is presumed to reflect a driver’s level of intoxication.

The main compound that the breathalyzer test is measuring is one containing compounds from the ethyl group. Your liver naturally causes the secretion of these ethyl compounds. When you add alcohol to the mix, the results will be extremely high.

Since the legal limit is 0.08, anybody who takes the breathalyzer test and scores at 0.08 or higher would be arrested for DUI. The way the cops see it, they aren’t responsible for looking into your medical background. If your test comes back positive for drugs and alcohol, your Greenville, South Carolina criminal defense lawyers will have to come up with a solid defense.

A Variety of Factors Can Impact the Breathalyzer Test Results in Your Case

It’s our job as some of the best DUI lawyers in South Carolina to get the charges against you reduced or dismissed. Of course, there are times when this just isn’t possible. This is why it’s important that you understand the different factors that can cause your BAC reading to skyrocket. 

One of the major influences on an inaccurate breathalyzer test reading is smoking. More than 20% of the people in this country smoke. This means that there is a one in five chance that a police issued breathalyzer test will come back positive for drugs. If you happen to be a smoker, your BAC level could come back at .08 even if you only had one or two drinks. 

best DUI lawyer in Greenville

In addition to smoking, there are a host of other things that can cause a person’s BAC to go up. For example, if you vomit in the minutes before getting pulled over, it will increase the amount of alcohol in your mouth. The same is true for people who take a swig of mouthwash before they stop for the police. When the cops administer their breathalyzer test, it will come back much higher than it would otherwise.

One other factor that can cause misleading BAC readings is having acid reflux. People who have acid reflux are much more likely to get arrested for DUI. There’s no way for you to control this. Even if you take medication for this problem, you could still end up blowing greater than 0.08 on the officer’s breathalyzer test.

What Argument Can Your Greenville, South Carolina DUI Defense Lawyer Make?

One of the problems with breathalyzer tests is that the police take a person’s reading as gospel. Sometimes, especially for smokers, it may appear that they are under the influence of drugs when they really aren’t. If you’re a smoker, just one or two small drinks can make it appear as if you’re intoxicated. That’s the last thing you want to happen during a traffic stop.

We recommend that you ask if you can take a blood test at the station or hospital instead. The cops may or may not honor your request. If they do treat it as a refusal, your license will be suspended. However, there is a process in South Carolina that you can follow 

Contact One of the Best DUI Lawyers in Greenville, South Carolina

If you or your loved one have been arrested and charged with DUI, call our office immediately. When a person is charged with DUI in South Carolina, the penalties are very severe. A DUI conviction can destroy your life. It can impact your education and livelihood. It can also stay with you for the rest of your life. If hiring the best Greenville, South Carolina criminal defense attorneys helps get the charges against you reduced or dismissed, it’s worth every penny.

We always suggest that you contact our office immediately after your DUI arrest. You can call us from the jail if you have our contact information available. If not, you can always ask your friends or family to reach out to us on your behalf. 

Once we become involved, we won’t walk away until the case is resolved. Ideally, we’ll be able to prove that the breathalyzer test results were inaccurate. If not, we can still negotiate with the prosecutor to get the charges against you reduced or dismissed outright. Call and schedule your initial appointment right away.

The Bateman Law Firm 5 stars - based on 364 reviews
The Bateman Law Firm