The first time my son got into some legal trouble, I didn't hire an attorney. I figured that he would just get a slap on the wrist and that he should accept his punishment, and that's what happened. The second time he got into trouble, I had to hire an attorney. I knew that since he had a record, the judge would not be so lenient about his punishment and he could suffer some serious consequences that could haunt him for his entire life. If you have a troubled child, my blog could help you understand the value of hiring an attorney for him or her.
In the war against drunk driving, the breath test is oftentimes used to determine if a driver is under the influence of alcohol. Although this tool can be effective, it can also provide the law enforcement officer with an inaccurate reading, causing an innocent driver to be arrested and charged with a DUI. So, what can cause a false positive breath test result?
Breathalyzer machines are required to be maintained and calibrated regularly. If the equipment has not been calibrated as often as required by law, or has not been maintained properly, it could very well result in a false positive reading.
Believe it or not, the environment in which the breath test is given could have an impact on how accurate the results are. If the test is given along the road, the exhaust from a passing vehicle could be enough to cause an inaccurate test result.
Cigarette smoke can actually be a contributing factor to a false-positive result. When the tobacco is metabolized in the system, the liver produces a chemical that is registered by the breathalyzer machine as alcohol, when in reality, it is acetaldehyde.
Diets that are high in protein and low in carbohydrates can trigger a false positive reading on a breath test. This is because this particular diet causes hypoglycemic conditions in the system which will cause an increased reading of alcohol in the system.
If you suffer from diabetes and your blood sugars are low, a false positive reading could occur. This is also caused by the hypoglycemic conditions of the blood. This is due to the body's creation of acetone.
Mouthwash contains high levels of alcohol. If you are given a breath test shortly after using mouthwash, a positive reading will occur.
If you had an alcoholic beverage earlier in the day and you belch directly before the breath test is administered, your test results could come back as positive for high levels of alcohol. This is because the air released from your stomach can carry the alcohol that has not been digested yet into your mouth. It then layers the inside of your mouth with the gas and causes your breath sample to come back as positive.
If you feel as though you have been falsely charged with a DUI due to inaccurate breath testing, talk with a DUI lawyer like Kayle Jackson. He or she may be able to help get the test results removed from court records and possibly get the charges reduced or thrown out.