If you fail a breathalyzer test, a DUI conviction might seem like a guarantee. But the truth is, the results are not always accurate. Our Bellevue, WA drunk driving defense lawyer may be able to help you challenge the validity of the test, leading to reduced charges or even a dismissal. At Eastside DUI, our attorneys have over 40 years of combined experience practicing traffic violation law. We have successfully fought and won thousands of cases on behalf of our clients. Schedule a consultation to learn what we can do for your legal matter.
Understanding How Breath Tests Work
Breathalyzers measure the amount of alcohol in an air sample. The results indicate blood alcohol content, or BAC. In Washington state, drivers are considered over the legal limit if their BAC is 0.08 or higher. Police officers can issue a breathalyzer test, either roadside or a more in-depth version at the station. Breathalyzer results coupled with your performance on other field sobriety tests can be used as evidence against you in court. Refusing to comply with a test can also be used to prove your guilt.
Reasons Breathalyzer Results Can Be Inaccurate
Breathalyzers are meant to register alcohol molecules, but they are only accurate when testing deep lung air. Shallow breath samples could get false positives by picking up on other substances that mimic alcohol, like mouthwash, energy drinks, and certain foods. Acid reflux, diabetes, and ketoacidosis are medical conditions that produce chemicals with a similar makeup to alcohol, leading to inaccurate readings.
However, the most common reason breathalyzers fail is poor calibration or maintenance. Devices should be tested often for accuracy, and officers must be thoroughly trained on proper administration.
Other factors that could impact results are temperature and humidity.
Challenging Breathalyzer Results For Drunk Driving Defense
Our Bellevue drunk driving defense attorney will review all the evidence in your case, including the legality of the traffic stop and your breathalyzer test results. Our DUI defense lawyer may be able to argue that your BAC results were inaccurate by:
- Reviewing calibration and maintenance logs of the device. If it hasn’t been properly or recently serviced, we may be able to prove a technology error.
- Confirming whether or not the officer was properly trained. Breathalyzers require detailed training to make sure proper protocols are followed.
- Human error, like not allowing for the 15-minute waiting period before administering the test, could cause false readings.
- Presenting medical records that could point to a condition that falsely influences BAC readings.
The Importance Of Hiring A Defense Attorney
Challenging breathalyzer test results can be difficult. Working with an experienced lawyer is essential for protecting your rights. It isn’t enough to say you think your BAC was inaccurate. You need proof. Also, it is just as possible that the reading was correct. In that case, you need defense representation to help formulate a different strategy to fight back against your DUI charge.
Award-Winning Drunk Driving Defense In Western Washington
At Eastside DUI, our founder and lead attorney, Roberto Yranela, has been recognized as a Rising Star by Super Lawyers. Our firm has over 800 5-star ratings, and we are committed to getting the best results possible in your case. If you need legal guidance after a DUI, schedule a free 30-minute consultation with our Bellevue drunk driving defense lawyer today.
