What happens during a traffic stop will have a major bearing on the consequences that you face. If an officer believes that you are under the influence of alcohol, they may ask you specific questions about your recent behavior.
You may end up outside of your vehicle and required to perform a field sobriety test. The officer that pulled over might also request a chemical breath test. You may have agreed to perform the test because you saw show that you didn’t have any alcohol in your bloodstream at all or a tiny amount because you only had a single glass of wine.
Unfortunately, the officer claims that your blood alcohol concentration (BAC) was over the legal limit of 0.08%. You know that the test results had to have been wrong, but you may feel helpless to prove that fact. Can you fight against your driving under the influence (DUI) charges after failing a breath test?
False positives are a known issue with breath tests
The science used to evaluate a sample of exhaled air for alcohol is advanced and yet it is far from infallible. Many breath test systems will produce a positive result for any compound in a specific chemical family, including acetone. A driver could fail a test because they are in a state of ketoacidosis, which results in acetone on the breath.
Drivers might also fail a test because the police department has not recently calibrated the testing unit or updated the software in accordance with the manufacturer’s instructions. Foods you ate, medication that you utilized and certain health issues could also cause false positives on a breath test.
Your medical records and the police department’s internal records can play a major role in establishing a valid reason to challenge the accuracy of the test results in your case.
A DUI charge does not always leave to conviction
Challenging your breath test results is only one potential defense strategy when you find yourself accused of driving. There are numerous other defense strategies that could help you fight back against pending DUI charges to avoid a conviction and a criminal record. Reviewing the evidence against you and learning more about criminal court can help you choose the best DUI defense strategy for your situation.