Getting pulled over is already a stressful experience, but facing an OVI charge often adds a whole new level of worry. Many people assume that breath test results are set in stone, but that’s not always the case.
While breathalyzers are designed to provide quick and simple readings, they are far from perfect. In fact, there are several reasons why a result may not tell the full story.
Common issues with breath test accuracy
If a law enforcement officer suspects you to be operating a vehicle impaired (OVI), they may ask you to take part in sobriety testing, and this may include a breath test. A breath test, more commonly known as a “breathalyzer,” refers to any device that uses a breath sample to estimate a person’s blood alcohol concentration (BAC). While courts often accept breath test results as strong evidence, they are not infallible.
One of the most common factors that can affect a breath test’s accuracy is improper calibration. These devices must be regularly tested and adjusted to ensure they’re functioning accurately. If they aren’t correctly maintained, the results could be far from accurate, leading to unfair outcomes.
Additionally, certain medical conditions can naturally skew a breath test reading. Conditions like gastroesophageal reflux disease (GERD) or diabetic ketoacidosis can cause residual alcohol-like compounds in the mouth or bloodstream that may register on the device. Without considering these factors, the results may not reflect a person’s actual level of impairment.
Even the environment can tamper with a breath test. Extreme temperatures can affect the internal chemical processes that breath-testing devices rely on, potentially leading to inaccurate or unreliable results. Likewise, high humidity can alter the composition of a breath sample.
If you believe your breath test results were inaccurate, you don’t have to accept them without question. It’s possible to explore whether maintenance records, procedural errors or medical evidence could reveal problems with the test. Speaking with an experienced legal professional can help determine the best way forward.