Why A Breathalyzer May Give A False Positive Reading
Do you know that breathalyzers can give false positives and lead you to a wrongful conviction? In late 2015, a New York woman got her DUI charges dismissed by proving that her body manufactures alcohol. While gut-fermentation syndrome (the health condition that causes the body to manufacture alcohol) is extremely rare, other common factors can lead to a false positive on the breathalyzer. Here are three examples:
Food and Drinks
Some foods contain alcohol, even if you can't taste the alcohol in your mouth. Unfortunately, your breathalyzer test will return a false positive if you take it soon after eating one of those foods. This doesn't mean that you will be intoxicated; the alcohol amounts in such foods are usually too low to cause intoxication. However, the alcohol will still be in your mouth if the offending food had been recently consumed, and this is what will give the false reading. Examples of these foods include snacks such as mints, chewing gum, energy drinks, and even ripe fruits.
Medication and Hygiene Products
Many types of medicine contain alcohol that can also lead to false breathalyzer readings. Again, the amounts contained in such medicines will not make you drunk; however, the alcohol will still be in your mouth and lead to a false positive if you take the breathalyzer test soon after taking the medication in question. Examples of alcohol-containing medicine include cough syrups, allergy medication, laxatives, and cold medication, among others.
Apart from medication, some common oral hygiene products also contain alcohol and can lead to false breathalyzer positives. A good example of such a product is mouthwash; some brands contain alcohol while others do not.
Poor Breathalyzer Calibration
A breathalyzer can also give a false positive if it is not properly calibrated. The risk of this happening is high if you have consumed a little alcohol, your blood alcohol content (BAC) nears the 0.8 mark, and the breathalyzer is improperly calibrated. For example, if your BAC is 0.7 (that is below the legal limit) a poorly calibrated breathalyzer can easily push it over the 0.8 mark and show a reading of, say, 0.9. This is why each state regulates how often its breathalyzers should be maintained.
Therefore, don't resign yourself to the fate of a DUI conviction if you suspect that your breathalyzer test results weren't accurate. Get a DUI lawyer to handle your case and prove to the court that you weren't breaking the law at the time of your arrest.