A false positive breath test happens when someone’s breathalyzer test shows a blood alcohol level above the legal limit when the person is sober. If someone is not drunk, they should not be held accountable by law enforcement or charged with driving under the influence (DUI), but a false positive can complicate the matter.
A breath test is one of the most accurate ways to determine whether you’ve had too much to drink or not, but it can also result in false positives. Breathalyzers work by measuring the amount of alcohol in your breath and then inferring the amount of alcohol in your bloodstream to see if you’re drunk or not.
But what exactly happens when the police give you this test?
What can they legally say or do during the process?
More importantly, what does this mean for you and your DUI case?
The best DUI lawyer in Spartanburg, South Carolina from the Bateman Law Firm will give answers to these questions and more, like how you can reduce your penalties if convicted of driving under the influence, and how to defend against false charges.
Understanding the Role of Breathalyzer Tests in DUI Cases
Breathalyzer tests are often relied upon in DUI cases to determine a driver’s blood alcohol concentration. These tests are designed to estimate the level of alcohol in your bloodstream through a breath sample. While they are frequently used by law enforcement, the accuracy of these tests is not infallible. Numerous factors can affect the results of a Breathalyzer, raising questions about their reliability in a court of law.
Many individuals are unaware that these devices require proper maintenance, calibration, and operation to produce valid results. Mistakes at any stage of the process can lead to inaccurate readings. Moreover, conditions such as health issues, medications, or environmental factors can create false positives. These realities make Breathalyzer test errors a critical point of defense in DUI cases.
Common Errors That Can Occur During Breathalyzer Testing
Errors in Breathalyzer testing are more common than most people think. One of the most significant issues is improper calibration of the device. Breathalyzers must be calibrated regularly to ensure accurate measurements, and if this maintenance is neglected, the results can become unreliable. Additionally, improper administration of the test by law enforcement can also lead to errors. Officers are required to follow specific procedures when conducting a Breathalyzer test, and failure to adhere to these protocols can compromise the validity of the results.
Environmental factors can also interfere with the accuracy of a Breathalyzer test. For example, substances in the surrounding air, such as paint fumes, cleaning products, or gasoline vapors, may skew the readings. Similarly, certain medical conditions, such as acid reflux or diabetes, can produce breath samples that mimic the presence of alcohol. These factors demonstrate that Breathalyzer results are not always an accurate reflection of a person’s alcohol consumption.
Why Challenging Breathalyzer Test Results is Important
When facing DUI charges, challenging the results of a Breathalyzer test can be a pivotal part of your defense. By questioning the reliability of the test, you may be able to cast doubt on the evidence presented against you. This can lead to reduced charges, dismissal of the case, or a more favorable outcome in court. The legal system requires prosecutors to prove their case beyond a reasonable doubt, and highlighting potential flaws in Breathalyzer testing can weaken their argument.
A thorough review of the circumstances surrounding your Breathalyzer test is essential. This includes examining whether the device was properly maintained, whether the officer followed correct procedures, and whether external factors could have influenced the results. By carefully analyzing these details, your attorney can build a strong defense on your behalf.
What Is The Definition Of Blood Alcohol Concentration (BAC)?
The amount of alcohol in your blood is measured by your BAC, or blood alcohol concentration. It is calculated by dividing the weight of the alcohol in grams by the volume of blood in liters. For example, a BAC of 0.05% indicates that you have 0.05 grams of alcohol in every 100 mL of blood.
The legal limit for BAC varies by country, but it is usually between 0.05% and 0.08% (the latter is true for most of the USA states, including South Carolina). If your BAC exceeds the legal limit, you are considered impaired and may face fines or other penalties.
There are several ways to measure your BAC, these include breathalyzers, urine tests, and blood tests. The most accurate way to measure your BAC is with a blood test, but this is only sometimes practical or possible.
Many factors can affect your BAC, including your weight, gender, how much alcohol you’ve consumed, and how fast you were drinking it.
Ways To Measure BAC
No matter which method is selected for measuring your BAC, some factors will affect the outcome. First, your BAC will change over time as your body metabolizes the alcohol. If a measurement is taken immediately after drinking, your BAC will be higher than an hour or two later.
Second, different people metabolize alcohol differently. This means that two people with the same BAC could have very different levels of intoxication.
Here are some of the most common ways to measure BAC.
Breathalyzer Test
First up is the breathalyzer test. A breathalyzer test measures the amount of alcohol in your breath and then uses that number to estimate your BAC. This test is the most common way to measure BAC and is typically used by law enforcement officers when pulling someone over on suspicion of DUI/DWI.
Urine Test
Urine tests can also measure BAC but are less accurate than breathalyzers or blood tests. They are sometimes used as a preliminary test before administering a more accurate test, such as a blood test.
Blood Test
Another less common way to measure BAC is through a blood test. A blood test can be more accurate than a breathalyzer test but is also more invasive and expensive. This is typically performed in a hospital or medical facility.
Calculations
The last method (and the least practical one in drunk driving cases) is to mathematically calculate the BAC based on how much alcohol you’ve consumed and how long it’s been since you’ve drunk. This method is less accurate but can be used without a breathalyzer or blood test.
The Breathalyzer test is the most commonly used method and is the most relevant one too when it comes to establishing bases for drunk driving charges.
How Does Age, Weight, And Gender Affect BAC Levels?
Age, weight, and gender can all affect blood alcohol concentration (BAC) levels. Generally, the older a person is, the more slowly their body metabolizes alcohol. This means that older people may have higher BAC levels than younger people after drinking the same amount of alcohol.
Similarly, people who are overweight or obese may also have higher BAC levels because alcohol is not metabolized as quickly in individuals with more body fat. Gender can also affect BAC levels; women generally have higher BAC levels than men after drinking the same amount of alcohol due to differences in metabolism and body composition.
What Is A PBT/Breathalyzer?
A PBT, or preliminary breath test, is designed to detect alcohol in your system. It’s a legal requirement for anyone over 18 years of age. At most international airports, for example, you must blow into such an instrument before being allowed past security. But don’t worry – if you haven’t had any alcohol (or at least very little), it won’t register as anything other than negative.
The device will either beep or display a 0 on its screen. If you have consumed alcohol within 8 hours, however, there will be some trace amount detected and displayed by your machine. You may also see 0.08% BAC displayed on some devices (or higher), i.e., 0.08% blood-alcohol concentration – this is the legal limit for 21+ years old individuals.
How Accurate Is The Breath Test?
The PBT (preliminary breath test) involves blowing into a hand-held device, usually called an alcometer or breathalyzer. This initial reading is called a ‘qualifying’ reading because it allows officers in some states to demand that you provide further blood or urine tests to measure your BAC.
Some police officers may demand further testing even if they do not get a qualifying reading from your PBT. If you refuse to take any further tests after taking a preliminary breath test, your license will be suspended for at least 12 months and up to 3 years. In addition, refusing to take a blood or urine test carries an automatic fine of $600-$1,000 and one year’s license suspension.
Why Should You Be Concerned About False Positives?
One of the reasons we should be concerned with a positive result on an alcohol breath test machine is that most states have zero-tolerance laws in place. If someone’s blood alcohol concentration (BAC) is above 0.08%, they could face severe penalties for a DUI conviction, such as fines and jail time.
A breath test is admissible in court, but it doesn’t always give accurate results. False positives can be caused by mouth alcohol, which occurs when you have alcohol in your mouth from your last drink before blowing it into the machine. Another common reason is if you breathe slowly while taking the test. The machine may give such a reading even if you have no alcohol in your system – due to medical conditions, improper calibration, etc.
What Are The Consequences Of Having A False Positive Reading On A Breath Test?
In some cases, a police officer may issue you with an on-the-spot fine for driving with over 0.02% BAC, regardless of whether or not they have reasonable grounds for believing that your ability to drive has been impaired by alcohol. This often happens when alcohol is present in your system at very low levels, even though it has no discernible effect on your driving ability.
If you get a false positive reading on a preliminary breath test, you could be fined $500, and your license could be suspended for up to 6 months. You could also face demerit points (up to 4) and have your car impounded for up to 30 days if caught driving with a suspended license (due to the aforementioned false positive reading on a PBT.)
At What Blood Alcohol Level (BAC) Do You Need To Worry About False Positive Readings?
The short answer: don’t worry about it.
The long answer: there is always a chance that when your (false) BAC reading is above 0.08%, you’ll be charged with drunk driving even if you are not drunk at all.
Or, if you were drinking alcohol, let’s say on an empty stomach, then there might be a higher BAC reading for your system than what should correspond to the amount that you consumed within an hour or two before being tested by a police officer. Simply put – the reading can be higher (than what it should’ve been) if you consumed alcohol on an empty stomach.
This can result in a false reading from any alcohol testing device. To avoid these false readings, remember to wait a few hours after finishing your last drink before driving home, or don’t drink at all when you have to drive afterward. It is also important to consider how much food you eat along with your drinks; consuming food with each alcoholic beverage will help slow down how quickly alcohol is absorbed into your bloodstream.
The Problem With Breathalyzers
Police use breathalyzers to test motorists suspected of being under alcohol. The breath sample is then analyzed, and if it meets or exceeds what’s known as 0.08% Blood Alcohol Concentration (BAC) – the legal limit for drivers in most states – the driver can be charged with drunk driving and face criminal penalties.
But does a false positive result from a breath test mean an innocent person will be charged with DUI and possibly face jail time?
According to some recent cases: yes!
Seek The Help Of A Criminal Defense Attorney In Spartanburg, South Carolina Without Delay!
There have been cases of false positive breath tests in South Carolina. Although they aren’t very common, odds are that you may be facing such a predicament yourself. If something like this happens to you or your loved one, it’s best to contact an experienced criminal defense attorney in Spartanburg, South Carolina from the Bateman Law Firm to help escape the penalties. You don’t deserve to face all the consequences of a faulty breathalyzer.
Don’t delay matters a bit, contact the best DUI lawyer in Spartanburg, South Carolina for legal representation and to avoid all the drama!