Mistakes May Cause Incorrect High Readings on DUI Breath Tests in California
When stopping a driver on suspicion of drunk driving, a police officer may require the driver to take a chemical test to determine the driver’s blood alcohol content (BAC). Although a chemical test for BAC can be done on a driver’s breath, blood, or urine, most officers begin with an alcohol breath test administered by using a breathalyzer or similar machine.
Like all machines, however, a breath test machine is only as reliable as the person running it. Mistakes in using the breath test machine can cause the reading to be higher than the driver’s BAC actually is, resulting in an arrest or even criminal charges; even though the driver was not in fact violating California’s drunk driving laws.
For instance, a breath test machine will pick up any residual alcohol in the person’s mouth and add it to the reading. A driver who has recently used certain kinds of cold medicine, mouthwash, or other alcohol-containing products may therefore test positive for blood alcohol, even if they are sober. In addition to alcohol left in the mouth, certain other substances can cause some breath test machines to “detect” alcohol whether or not it’s actually present. For instance, some breath test machines are sensitive to cigarette residue, ether, chloroform, or acetone.
Experienced Los Angeles DUI lawyer Lawrence Wolf understands that errors in breath testing can result in improper arrests or charges, and he fights for the best possible outcome in each client’s case. For a free and confidential consultation, call The Law Offices of Lawrence Wolf today at (310) 277-1707.
