While everyone realizes the foolishness of leaving DUI drivers the freedom to wreak damage and injury on our nation’s highways, they also see the danger of falsely arresting thousands of innocent drivers because of false DUI breathalyzer tests. The problem is, where there is ample evidence that these tests, especially those used in DUI stops on the roadside, are unreliable, no one appears to be changing law enforcement officials’ reliance upon them. It is then up to suspects and their attorneys to fight this faulty evidence on behalf of innocent drivers.
Faulty Breathalyzer Tests
Research shows that there are many elements that can affect the results of PAS (preliminary alcohol screening) tests at DUI stops. In fact, South Dakota does not allow evidence from a PAS to be entered into the court record; they only allow blood test BAC evidence.
- The breathalyzer tests for ethanol in the suspect’s breath; however, there are a number of similar substances with components similar to ethanol, including byproducts of acid reflux, fasting, diabetes, smoking, breath mints and mouthwash
- Residue from pumping gasoline, using paint, and other cleaners can affect a breathalyzer test
- Temperature changes can alter the results of PAS tests
- Women’s chemical makeup produces more false positives than men’s
- Breathalyzer machines must be recalibrated and maintained regularly. In busy cities with high rates of DUI arrests, that may not occur, resulting in as much as a 15% variance in results.
Most jurisdictions do not allow the evidence from PAS tests to be used in court. Officers use them as probable cause for stopping and arresting a suspect on DUI charges. Other sobriety tests can be administered at the site, from balance and vision tests to counting backwards. The officer’s observation of the suspect’s driving prior to the stop is also admissible. Once a suspect is taken to the police station for processing, they may be administered other blood alcohol content (BAC) tests, including blood tests, EBT (evidentiary breath tests), and urine tests. These generally are admissible in court if they reveal a BAC of .08 or more.
Preparing a Defense Debunking Breathalyzer Tests
It is important to realize that courts place a great deal of weight behind EBT tests, making it difficult to debunk their results. It is generally more than a defendant can prove on their own. Detailed information showing the driver may not or could not have been intoxicated is invaluable, as are numerous evidences of variances or inaccurate breathalyzer test results.
Getting Legal Help to Mount a Faulty Breathalyzer Test Defense
It takes more than a qualified DUI attorney to defend against a faulty breathalyzer test result. It takes a DUI attorney who is knowledgeable about these flaws and can present them powerfully in court. With the resistance law enforcement officials have to rejecting or overriding these results, it takes an expert to make them realize their importance in the defense of an innocent driver.
