Defending Your Rights. Protecting Your Future.

3 reasons why a breath test could be inaccurate 

On Behalf of | May 21, 2024 | DUI

Breath tests can be accurate, and they are a frequent method that the police use to measure a person’s blood alcohol concentration (BAC). This may happen after that person has failed field sobriety tests, for example. The failed sobriety tests may indicate impairment, but they are a relatively weak form of evidence. The results from a breath test are seen as much more reliable, demonstrating whether or not the person is over the legal limit.

But it’s important for those who are facing arrest to remember that breath tests are not always accurate or correct. Below are three reasons why they may be wrong.

1. The officer made a mistake

First of all, the test has to be administered correctly. If the officer made a clear error, it could invalidate the results that they got. This can sometimes happen if the officer never received proper training, for example.

2. Other factors influenced the test 

You may also argue that the results of the test were inaccurate due to outside factors that increased those results. For instance, there is alcohol in some types of mouthwash. A person who used mouthwash right before taking a breath test could have an artificially high reading.

3. The test itself was inaccurate

Finally, the testing device itself may get a false reading. Generally speaking, police departments are supposed to calibrate breath tests and do maintenance to ensure that they are accurate. If the test has been neglected and these calibrations haven’t been carried out, it’s impossible to know if the results can be trusted.

If you are facing criminal charges, challenging a breath test is possible. Be sure you know exactly what steps to take.