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Unraveling the Complexities of Breathalyzer Accuracy
The accuracy of breathalyzer tests is vital for determining DWI cases, impacting both the legal system and individuals’ rights. But, we have all heard of someone who got arrested for a DWI (driving while intoxicated) even though they hadn’t drunk a drop of alcohol. That is because, despite their general reliability, breathalyzer tests can yield false positives.
At the Benjamin Law Firm, LLC, we have been handling cases involving inaccurate breathalyzer tests for years. We leverage our extensive experience to assist individuals facing DWI charges based on flawed results. This article explores the complexities of breathalyzer accuracy, highlighting factors contributing to inaccuracies and offering legal remedies. Contact the Benjamin Law Firm, LLC for more personal guidance if you’re concerned about breathalyzer issues.
Understanding Breathalyzer Tests
What Is a Breathalyzer Test?
A breathalyzer test measures the alcohol concentration in an individual’s breath, providing an estimate of their blood alcohol content (BAC). How it works is simple: the person exhales into the breathalyzer, and the device analyzes the alcohol content in their breath to calculate the corresponding BAC level. This process is based on the principle that the amount of alcohol in one’s breath correlates with the alcohol concentration in one’s blood.
Law enforcement relies on these tests as a vital tool for assessing whether an individual is operating a vehicle under the influence of alcohol, helping establish legal grounds for DUI charges. The results of a breathalyzer test often serve as crucial evidence in court, influencing legal proceedings and potential penalties for the accused.
The legal alcohol limit in Missouri is set at 0.08% for individuals aged 21 and older operating a non-commercial vehicle. However, the legal limit for commercial drivers is stricter, with a BAC threshold of 0.04%. Additionally, Missouri has a zero-tolerance policy for drivers under the age of 21, making it illegal for them to operate a vehicle with any detectable BAC.
Common Causes of Inaccuracies
There are many reasons why a breathalyzer test may not be 100% accurate. One big reason for a false positive reading is if the breathalyzer machine isn’t calibrated correctly – kind of like when your phone needs updating. The results can be off if the breath test is not done regularly.
Another thing to watch out for is when the police officer giving a roadside breathalyzer test makes a mistake or doesn’t understand it well. This could lead to a false positive breathalyzer test that gives you a higher blood alcohol concentration result than you have. In order to get more accurate results, you need to ensure the machine is checked often and the test is done correctly.
Additionally, certain medical conditions and external influences can influence breathalyzer outcomes by leaving residual mouth alcohol, such as:
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Gastroesophageal Reflux Disease (A chronic form of acid reflux)
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Respiratory Infections
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Ketosis
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Dietary Factors
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Medications
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Mouthwash and Breath Fresheners Containing Alcohol
It’s important to note that while these conditions may lead to inaccurate readings, they do not automatically invalidate the results. So, consulting with legal and medical professionals is crucial when challenging breathalyzer results based on underlying medical conditions or external factors.
Legal Implications of Inaccurate Tests
If you face a DWI charge and you fail a breathalyzer test, you may feel hopeless. But remember, even in such cases, you have necessary legal rights safeguarding you during legal proceedings. These rights include the right to legal representation, the right to remain silent, and the right to a fair trial.
Ensuring the reliability of breathalyzer tests is essential to protect the rights of the accused. Inaccurate results can significantly impact the fairness of legal proceedings, potentially violating the right to accurate evidence. Law enforcement officials have a responsibility to ensure that breathalyzer tests function properly through regular calibration. This practice helps maintain the integrity of the evidence presented in court and upholds the principles of justice.
When breathalyzer tests yield skewed readings due to factors such as calibration issues or user errors, it raises serious concerns about the integrity of the evidence presented in court. This underscores the importance of ensuring the accuracy and reliability of breathalyzer equipment and procedures to uphold the principles of justice.
The consequences of inaccurate breathalyzer readings extend beyond the immediate legal proceedings. Inaccurate results can influence license suspension, fines, and even potential incarceration decisions. Unreliable evidence may compromise the accused individual’s ability to present a strong defense. Understanding these dynamics is crucial for individuals seeking a fair and just legal process.
Defending Against Inaccurate Breathalyzer Results
When facing DWI charges, it’s crucial to have a robust defense against potentially inaccurate breathalyzer results. The Benjamin Law Firm, LLC employs a range of strategic common defenses to DWI charges to ensure fairness and accuracy in legal proceedings, including:
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Calibration Records Review: The Benjamin Law Firm, LLC meticulously examines calibration records for breathalyzer devices to identify any irregularities that could impact the accuracy of test results.
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User Training and Certification Checks: Ensuring that individuals administering breathalyzer tests are adequately trained and certified is crucial. The center investigates potential instances of user error, questioning the reliability of results obtained under improper administration.
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Medical Condition Assessment: Understanding the impact of medical conditions on breathalyzer readings is an essential defense strategy. The center assesses whether underlying health issues, such as GERD or respiratory infections, could have contributed to inaccuracies in the test results.
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Environmental Factors Examination: External influences, such as environmental conditions or residual substances, are scrutinized. These factors may interfere with breathalyzer accuracy, and their assessment forms part of the defense against inaccurate results.
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Machine-Specific Challenges: In cases where specific breathalyzer models are unreliable, the center leverages this information to challenge the results.
By employing these comprehensive defense strategies, the Benjamin Law Firm, LLC aims to provide individuals with practical tools to challenge and contest inaccurate breathalyzer results, contributing to a robust defense in DWI cases.
How Benjamin Law Firm, LLC Can Help
With a track record of success in handling cases similar to yours, the Benjamin Law Firm, LLC is well-equipped to provide the assistance you need. Our seasoned legal team has extensive experience navigating the complexities of DWI cases, particularly those involving inaccurate breathalyzer results.
By leveraging our knowledge and strategic defense approaches, we aim to secure the best possible outcome for our clients. If you find yourself facing DWI charges and concerned about the accuracy of breathalyzer results, trust the Benjamin Law Firm, LLC to advocate for your rights and work towards a fair resolution.
Don’t navigate the complexities of your DWI case alone. Call the Benjamin Law Firm, LLC today for a free consultation. Our experienced DWI lawyers are ready to listen, assess your situation, and provide guidance tailored to your unique circumstances.
