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Was your breath test affected by one of these factors?

The National Motorists Association estimates that there is an error rate of about 50 percent when comparing Breathalyzer results of blood alcohol content against blood tests that determine actual BAC. Many factors can affect the results, and you should be aware of them if you are ever charged with DUI. Here are some of the ways a Breathalyzer test could be compromised:

  • Chewing gum before the test or having it in your mouth during the test
  • Throwing up before the test, because the contents of the stomach might be aspirated into the Breathalyzer
  • Exposure to paint thinners and paints with acetone prior to the test
  • User error on the part of the officer. The person conducting the test is supposed to make sure the suspect has not had any alcohol for 15 to 20 minutes before using the Breathalyzer.
  • Medications and health conditions may affect the test. People who have diabetes may register higher. GERD is another risk factor for having an inflated Breathalyzer reading. A person who eats a low-carb, high-fat and high-protein diet can also have a higher reading.
  • Ingestion of certain types of bread, such as rye
  • Poor calibration of the device or other user error
  • Excessive exercise
  • The presence of blood, dirt or moisture
  • Electronic interference from police radios/walkie-talkies and cellphones

Breathalyzers are routinely used in determining BAC. The best way to avoid DUI/DWI charges is to not drive when you've been drinking. If you are charged with a DUI, however, you need to protect your rights and get a lawyer who will help you find the best outcome for your case. It is highly possible that the Breathalyzer test results are inaccurate. We want to make sure your case is handled correctly to ensure that justice is served. In Michigan, higher BAC results of 0.17 or more can lead to higher penalties, even if it's your first offense. Our office has more than 25 years of experience in DUI cases in Michigan.

Find an advocate

The penalties for a DUI conviction are serious and may affect you for the rest of your life. Time is of the essence in a DUI case. It's important to get an attorney on your side to make sure all procedures are followed and your rights are protected. Call our office today for an experienced DUI/DWI attorney who will be on your side throughout the proceedings.

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