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Shazam Kianpour & Associates, P.C. | A CRIMINAL DEFENSE LAW FIRM
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Are breathalyzer tests accurate?

Breathalyzer tests, commonly used by law enforcement to measure blood alcohol content (BAC), often provide key evidence for the prosecution when building a DUI (driving under the influence) case. Despite their widespread use, these devices are not always as accurate as the prosecution would like us to believe. They can produce inaccurate results that may lead to wrongful DUI charges. As a result, it is important that anyone who faces allegations of drunk driving question the quality of the evidence used by the prosecution to build their case.

The New York Times recently dug into the issue, finding police arrest almost one million Americans for drunk driving every single year. Not surprisingly, many of those who face accusations are not in violation of the law. Some important findings from the report include the following.

#1: There are many sources of error in breathalyzer tests

The report found several factors can lead to erroneous results when using a breathalyzer. These can include:

  • Device maintenance: Breathalyzers require regular calibration and proper maintenance. Without proper upkeep, the device can produce inaccurate results. The New York Times report found that there were instances the readings were 40% too high.
  • Operator error: The accuracy of a breathalyzer test also depends on proper administration. Improper handling or lack of training can also lead to false readings.
  • Physiological and environmental factors: Various physiological conditions such as diabetes, diet, or even recent use of mouthwash can affect BAC readings. Environmental factors like temperature and humidity can also alter the results.

It is important to consider these factors when reviewing the accuracy of the test administered.

#2: Results will impact a DUI case

Perhaps the most serious consequence of inaccurate breathalyzer results is the potential for false convictions. Individuals may be wrongly convicted of DUI if the breathalyzer erroneously shows a BAC level that exceeds the legal limit. This can occur due to device malfunctions, improper calibration, or operator error. Inaccurate results can also lead to disproportionately severe penalties. For instance, a higher, incorrect BAC reading might result in harsher sentencing under laws that penalize higher alcohol levels more severely. This could include longer jail time, larger fines, and more extensive DUI education programs.

Many DUI cases are resolved through plea bargaining. Inaccurate breathalyzer results can skew this process, leading defendants to accept plea deals that are not in their best interest, based on faulty evidence of their intoxication level.

Criminal penalties are not the only concern, as a conviction can result in a loss of employment, damage to one’s reputation, and increased insurance premiums. A DUI conviction can also result in the suspension of one’s driver’s license. An inaccurate breathalyzer result can therefore undeservedly rob someone of their ability to drive, significantly impacting their daily life and mobility.

Given these potential impacts, it is important to review breathalyzer evidence and move forward with a challenge if it appears questionable. This process could include:

  • Expert testimony: Defense attorneys often rely on testimony from forensic experts who can explain to the court how breathalyzer tests can fail or produce skewed results.
  • Calibration and maintenance records: Requesting and reviewing the maintenance records of the breathalyzer device used can sometimes reveal lapses in required calibration or other maintenance issues that could affect the device’s accuracy. Legal teams can use these records to argue that the breathalyzer results are unreliable.
  • Cross-examination of the officer: If the case goes to trial, the defense can question the officer who conducted the breathalyzer test. This cross-examination can focus on the officer’s training and the exact procedures followed during the test to identify any potential errors in administration.
  • Alternative causes for high BAC readings: Defense may also present evidence of medical conditions or other factors (like diet or recent use of certain mouthwashes) that could falsely elevate BAC readings, challenging the accuracy of the breathalyzer results.

Although the exact legal strategy will vary depending on the details of each case, it is important to keep in mind that inaccurate breathalyzer results can have severe legal and personal consequences for individuals accused of drunk driving. As a result, it is important to review the process and check for any potential error that could impact your case.