If you’re suspected of driving under the influence or get stopped at a DUI checkpoint, you may be asked to complete a breathalyzer screening. These tests require you to blow into a device that measures the amount of alcohol on your breath. Though they can help identify drunk drivers, they’re not foolproof. Often, these tests can result in false positives, even if you’re sober or well below the legal limit.
Your South Carolina DUI defense attorney wants you to know that you can challenge breathalyzer results. Here are a few situations that can warrant a challenge and potentially may get you off the hook.
You Have a Qualifying Medical Condition
Some medical conditions can cause you to blow a false positive on a breathalyzer test or be unable to complete the test adequately. This includes conditions like acid reflux, asthma, respiratory infections, and other similar conditions.
If you’re diagnosed with a medical condition at the time of your breathalyzer test, you may be able to use that diagnosis to get your charges dismissed. Your South Carolina DUI defense attorney will help you put together the appropriate documentation.
The Officer Didn’t Perform the Test Correctly
Breathalyzers are designed to be easy to use and administer tests in the field. But that doesn’t mean that the officer performing your test knew what to do or how to use the device correctly. They may not have asked to you blow long enough or could’ve made other mistakes that impact the accuracy of the test.
If you suspect that the test wasn’t administered correctly, let your attorney know. They may be able to prove that the officer wasn’t properly trained or used the device incorrectly, resulting in a test that couldn’t accurately prove whether you were or weren’t driving under the influence. If the test results aren’t reliable, your charges may be dismissed.
The Breathalyzer Wasn’t Maintained
Breathalyzers require ongoing maintenance and recalibration to ensure accurate readings. And those maintenance logs should be maintained by the police department responsible for administering the test. Your attorney may request a review of the maintenance for the device that was used during your sobriety test. If the device hasn’t been properly maintained, your charges may be dismissed.
You Used Mouthwash
Many mouthwashes and even some breath mints contain alcohol or sugar alcohol that can cause you to blow a false positive, even if you haven’t been drinking. If you used mouthwash prior to your breathalyzer test, you may be able to prove that the reading was inaccurate. Let your attorney know as soon as possible if you believe your mouthwash, breath spray, or breath mint could have led to a positive breathalyzer test. They may be able to put a case together to get your charges dropped.
Contesting Breathalyzer Results Is Possible
Breathalyzers are helpful tools, but they’re not always accurate. If you believe you’re being charged with a DUI as a result of a poorly administered breathalyzer test or a test that resulted in a false positive, you may be able to get the charges dropped. Truslow & Truslow is here to help. Contact us today to speak with an experienced South Carolina DUI defense attorney.