At Lotze Mosley, LLP, our Washington D.C. and Maryland DUI defense attorneys know that breathalyzer tests are a primary tool in modern policing. Whether they are used during routine traffic stops when they have probable cause to believe the driver is under the influence, or during a DUI roadblock, law enforcement administers breathalyzers to drivers every day.
What they do not anticipate is how often the breathalyzer technology can produce inaccurate results. If you were arrested for driving under the influence due to a positive DUI breath test, there may be some issues that could invalidate that result. In turn, it will impact how far the prosecutor’s office can take your case.
How Can Breathalyzer Results Be Overturned During a DUI Case?
For the breathalyzer technology to work effectively, the individual in question must be able to submit a sufficient breath sample to calculate a legally usable result.
If the person’s ability to blow enough air into the machine is compromised by their build or body type, the breathalyzer may show an incorrect result.
Other factors that may negatively affect the results of a breathalyzer include, but are not limited to:
- The temperature of the individual’s breath.
- The machine malfunction is caused by underlying problems with the code that controls the devices.
- The breathalyzer equipment is not maintained correctly, giving inaccurate readings.
- Chemicals existing on hair, clothes, or skin that deliver a false positive result.
- Over-the-counter and/or prescription medications taken by the person who is being tested.
- Diseases or illnesses, including gastrointestinal disease.
- The use of mouthwash or breath spray.
Law enforcement is required to observe the person for at least 15 minutes before administering breathalyzers, which usually is not the case during a traffic stop or a DUI roadblock. Even when they do, the person’s blood alcohol content can register at a higher percentage.
If you have a positive breathalyzer test result, it does not mean you are guilty of driving under the influence. Our experienced Washington D.C. DUI defense lawyers will help you understand your legal rights and options to oppose the breathalyzer results and produce a better outcome for your unique criminal charges.
Contact Our Skilled DUI Criminal Defense Attorneys in Washington D.C. and Maryland
The best course of action when responding to DUI charges is to immediately contact our skilled Washington D.C. criminal defense attorneys at Lotze Mosley, LLP by calling 202-393-0535. This will ensure your rights are protected from the beginning, so you can make informed decisions about your case.
