When you are stopped by police under the suspicion of drunk driving, you will likely be asked to take a breathalyzer test. This test is used to determine your blood alcohol content.
If the reading comes back at or above .08, which is the legal limit in Texas, you can expect to be arrested for drunk driving. You may be inclined to believe that the breathalyzer results were accurate, even if you did you believe you were legally drunk.
However, sometimes breathalyzers show a false positive. If you are arrested, it is important to exercise your right to remain silent and build a defense to the charge. A thorough review of the evidence can help you determine if you were the victim of a false positive breathalyzer result.
Improper calibration
Breathalyzers can show a false positive for many reasons. One of the most common reasons is improper calibration of the breathalyzer. Breathalyzers must be properly calibrated and maintained to produce accurate results.
Showing that a breathalyzer had gone more than 10 days without being calibrated or had been used over 150 times are ways to potentially prove that the breathalyzer produced a false positive result.
Medical conditions
Certain medical conditions and prescribed medication can produce a false positive. Some of these conditions include acid reflux, gastrointestinal reflux disease or heartburn. These conditions can raise blood alcohol content levels, resulting in a false positive reading.
Alcohol absorbing into your system takes time. It typically takes three to four hours for alcohol to fully absorb into the average person’s system.
If you are pulled over several hours after consuming alcohol, the breathalyzer may pick up remnants of alcohol in your mouth and show a positive reading even though the alcohol has already dissolved from your bloodstream, putting you under the legal limit.
Lack of proper training
Police officers may have received little training in how to properly administer a breathalyzer. An officer’s testimony or video evidence capturing the breath test could demonstrate that an improper administration caused a false result.
Do not panic if you are arrested due to a positive breath test. An investigation could reveal problems with the test that could result in a reduced or dismissed charge.