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Potential flaws with Breathalyzer tests

On Behalf of | Aug 10, 2021 | Criminal Defense |

If a Connecticut police officer believes that you’re driving while under the influence of alcohol, you may be asked to submit to a Breathalyzer test. The results of that test may determine whether you’ll be taken into custody on suspicion of drunk driving. However, it’s important to note that you can challenge the results of the test at multiple points during the legal process.

Were there issues with the machine or the officer who conducted the test?

A Breathalyzer machine that is not properly calibrated might produce an inaccurate result. The same might be true if it was defective in any way at the time it was used to measure your blood alcohol content. Furthermore, if the officer who conducted the test lacked the expertise needed to do so properly, it may be possible for the result to get thrown out in a criminal defense case.

Did you consume something that would skew the result of the test?

Consuming a breath mint or mouthwash may result in an inaccurate Breathalyzer test result because these items contain trace amounts of alcohol. The same may be true if you consume bread, ripe fruit, or pasta sauces that have been cooked with rum, vodka, or other liquors. In some cases, acid reflux caused by eating these types of foods can also skew the result of a Breathalyzer test.

If you are charged with DUI, there is no guarantee that you will be convicted of the charge. In some cases, having the results of a Breathalyzer test suppressed may be enough to get your case dismissed. At a minimum, it may make it easier to obtain a favorable plea deal or obtain an acquittal from the jury evaluating the matter.