Why Did I Fail the Breathalyzer If I Wasn’t Drinking?

Getting pulled over and subjected to a breathalyzer test can be a stressful experience, especially if the results indicate a blood-alcohol concentration (BAC) above the legal limit, even when you haven’t been drinking.

Facing D.U.I. charges can be intimidating, but it’s important to know that breathalyzer tests are not infallible. If you’ve been charged with driving under the influence due to a potentially inaccurate breathalyzer result, seeking assistance from a skilled D.U.I. attorney is crucial.

At Perl Law, PLLC, I represent clients dealing with various drunk driving allegations, including underage D.U.I., drug-related D.U.I., felony D.U.I., and more. From my office in Pinellas County, Florida, I offer personalized and vigorous defense to clients throughout the Tampa Bay area.

Understanding the Breathalyzer Test

A breathalyzer test, often used during traffic stops, is a handheld device that measures the alcohol content in a person’s breath. Law enforcement officers use these tests to establish probable cause for an arrest. However, the results of these tests are rarely relied upon as definitive evidence in court due to their potential inaccuracy.

In Florida, drivers are subject to implied consent laws, meaning that by operating a vehicle, they’ve agreed to submit to breath or blood tests if law enforcement has reasonable suspicion of impairment. While breathalyzer tests are commonly administered, they are not without flaws and can produce incorrect results.

Common Reasons for False Positives

Despite what you might hear from law enforcement, breathalyzer tests are not the most reliable way to measure BAC. There are several factors that can lead to a false positive result:

1. Improper Calibration
   • Breathalyzers need to be regularly calibrated to ensure they are working correctly. If the device isn’t properly maintained or the officer lacks the training to calibrate it correctly, the test results can be inaccurate.
2. Use of Mouthwash
   • Some mouthwashes contain alcohol, which can result in a false positive if used shortly before a breathalyzer test. The alcohol in mouthwash can elevate the BAC reading even if you haven’t consumed any alcoholic beverages.
3. Medical Conditions
   • Certain health conditions, such as acid reflux or diabetes, can affect breathalyzer readings. These conditions can produce acetone, which is chemically similar to alcohol, and breathalyzers may not differentiate between the two.
4. Medications
   • Various medications, particularly those containing alcohol, such as some cough syrups or asthma inhalers, can lead to a false positive. Even certain prescription drugs can interfere with the accuracy of a breathalyzer test.
5. Contaminated Air Sample
   • The accuracy of a breathalyzer test depends on obtaining a clean air sample. External factors, such as food particles, smoke, or interference from electronic devices, can contaminate the sample and skew the results.
6. Lack of Officer Training
   • Law enforcement officers must be trained in the correct use of breathalyzers. If an officer is inexperienced or using outdated equipment, the likelihood of inaccurate results increases.
7. Certain Foods and Drinks
   • Certain foods and drinks, such as fermented items like bread or yogurt, can temporarily raise BAC levels, leading to false positives. Sugary drinks like soda or energy drinks can also affect test results.

Seek Legal Assistance

If you’ve been charged with a D.U.I. and believe that a false positive breathalyzer test contributed to your charges, it’s essential to seek legal counsel. At Perl Law, PLLC, I am committed to protecting your rights and working towards the most favorable outcome for your case. Contact my office today to schedule a free consultation and discuss your legal options.