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Breathalyzer Results Aren’t Always Accurate

If you have ever been pulled over and suspected of driving under the influence, you are most likely familiar with the breathalyzer test. Breathalyzers are the standard machine used by law enforcement agencies all over the country to determine the blood alcohol content (BAC) level of citizens operating a motor vehicle. In most states, a BAC level of .08% or higher is unacceptable for citizens who are operating an automobile.

For the most part, the results of a breathalyzer test are accurate; however, if the machines are not properly calibrated and maintained, the results may be inadmissible in a court of law. Although there have been amazing technological advances in machinery, the Breathalyzer machines are still prone to error. There are several cases of inaccuracy that can be used to defend you against the DUI/DWI charges that you may be facing.

Breathalyzers have been known to be sensitive to temperature and the machines must be properly calibrated to work correctly in the surrounding air temperature. If the machine’s thermometer is not maintained regularly, inaccurate BAC readings may occur. There is also a correct and incorrect way of administering the Breathalyzer test. If a police officer does not administer the test as he was trained, the readings may be inaccurate.

The Breathalyzer machines measure ethyl alcohol levels, however, there are several other substances that are similar to ethyl alcohol and may be read incorrectly by the machine. One compound of ethyl alcohol, acetone, is found at very high levels in both dieters and diabetics according to the National Highway Traffic Safety Administration (NHTSA) and could lead to an incorrect reading.

Contact an Appleton Criminal Defense Lawyer

If you are facing DWI/OWI charges, contact the skilled Appleton criminal defense attorneys of Hart Powell, S.C.  by calling 414-271-9595. The Appleton criminal defense lawyers have years of experience providing high quality legal representation to clients facing DWI/OWI charges.