If you get arrested for allegedly driving under the influence (DUI) of alcohol in Arizona, a defense strategy that may be available to you is to argue that the breathalyzer test returned a false positive. Breathalyzer devices often give inaccurate readings due to issues with maintenance and use, as well as environmental factors. Work with a Scottsdale DUI defense attorney to find out if this defense is available in your specific situation.
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What Is a False Positive Breathalyzer Test?
A breathalyzer test is a handheld device that detects the presence and analyzes the amount of alcohol in an individual’s breath. The goal of using a breathalyzer device during a traffic stop is to determine whether a driver has been drinking and has more than the legal limit of 0.08 percent blood alcohol concentration (BAC) present in his or her breath.
A false positive breathalyzer test occurs when the device registers the presence of alcohol even though the driver has not consumed any alcoholic beverages. It can also refer to a BAC that is higher than the individual’s actual blood alcohol concentration level. These incorrect readings can lead to unwarranted DUI and DWI arrests in Arizona.
Device Malfunctions
Breathalyzers are not failsafe. They have hardware and software that can malfunction, resulting in false positive readings. Improper calibration of the breathalyzer device by law enforcement, for example, could lead to an inaccurate reading. Poor device maintenance could also result in an equipment breakdown or malfunction that leads to a false positive.
Improper Administration of the Breathalyzer Test
Operator errors during the administration of a breathalyzer test can lead to an unreliable result. Law enforcement officers must undergo training on how to properly operate these devices during traffic stops. If the officer is poorly trained or makes a mistake, such as failing to wait the appropriate amount of time (15 to 20 minutes after the driver has consumed food or drink) to conduct the test, this could result in a false positive.
Mouth Alcohol
Breathalyzer devices are designed to measure the amount of alcohol present in air from deep within the lungs. However, residual alcohol that is in the mouth can affect the device and lead to a false positive. Residual alcohol could be present in a driver’s mouth for many reasons that have nothing to do with imbibing in alcohol, such as the use of certain medications, mouth or breath sprays, acid reflux conditions, dental work, and cigarette smoking.
Food or Drink
Breathalyzer readings can be influenced by things that the driver ate and drank prior to the traffic stop that do not include alcoholic drinks. Certain non-alcoholic items can contain trace amounts of alcohol that a breathalyzer test may pick up, such as kombucha, fermented sauces, ripe fruits, energy drinks, and non-alcoholic beer and wine.
Medical Conditions
Certain medical conditions can impact breathalyzer test readings even if the individual has not consumed any alcohol. Examples include gastrointestinal problems such as GERD or acid reflux, uncontrolled diabetes (which can produce acetone from ketoacidosis), and auto-brewery syndrome. Medications required for medical conditions can also influence breathalyzer tests.
What to Do if You Suspect a False Positive Breathalyzer Reading in Arizona
To help avoid a false positive breathalyzer reading, you can request a blood or urine alcohol test instead. If you believe that the results of a breathalyzer test administered to you during a traffic stop were not accurate, contact our Phoenix criminal defense attorney as soon as possible to fight back. A DUI attorney in Scottsdale can collect evidence and take steps to prove that your breathalyzer test was inaccurate and gave a false positive, potentially protecting you from a DUI conviction.
