DUI Defense: Challenging Breathalyzer Test Results

We have discussed the possible unreliability of Breathalyzer test results in our blog on several occasions. These devices often function as intended and do provide reliable results. However, there are enough times when a breath test can be wrong that it is worth considering as part of a DUI defense strategy.

This time, we wanted to tell you about the many ways you and your legal counsel may challenge Breathalyzer tests in Virginia. If successful, you can avoid a DUI conviction and return to your normal way of life with a clean record.

  • The Breathalyzer police used was unreliable
  • The arresting officer was untrained in the use of the device
  • The testing device was improperly maintained and calibrated
  • The police officer used the device in a manner contrary to his or her training
  • The arresting officer lacked probable cause to test you with a Breathalyzer

The list above reflects the improper procedures used during a blood alcohol concentration (BAC) breath test. Attorneys often find success in using testing errors as part of a DUI defense. There are other things that your lawyer can use to challenge results as well.

For example, we have found that certain items you ingest may also fool a Breathalyzer or an ignition interlock device into returning a false positive. Examples include:

  • Yeasty foods like pastries and pizza
  • Topical medications for dental pain
  • Foods that contain vinegar
  • Flu and cold medications
  • Breath freshener and mouthwash

We know that it feels like your life is over after a drunk driving arrest, but accepting your fate is a mistake. Instead, take a proactive approach, and work with a skilled professional to build a sound defense. Learn more about your DUI defense options by continuing to review our website.