Was Your BAC Level Accurate?

A DUI charge can be scary and confusing, and you might be asking about ways to challenge your charges. If you believe your BAC level was inaccurately deemed above the legal limit, challenging the Breathalyzer might be your best option of defense.

Massachusetts police use a number of tools to confirm or deny a driver’s sobriety, one of them being a Breathalyzer test. This test is designed to measure the amount of alcohol in a sample of exhaled air. A police officer can use the Breathalyzer results to arrest you for driving under the influence. However, because the test only measures the amount of perceived alcohol in your breath, it is often considered an indirect method of testing and can provide false results.

Challenging The Breathalyzer Results

Many people are unaware that a Breathalyzer test can be challenged. If there is reason to believe your Breathalyzer results are inaccurate, a Boston DUI attorney may be able to call their validity into question. An attorney will be knowledgeable on DUI arrest procedures, specifically the weaknesses of the Breathalyzer method of testing.

To challenge your Breathalyzer results, a lawyer may choose to call an expert witness to testify on the lack of scientific merit of these types of tests. He or she may also investigate the validity of test results, as outcomes often depend on the circumstances in the particular moment the test was taken. Some examples of influence factors would be:

  • Lack of skill in the tester
  • The person being tested had been exposed to alcohol fumes without ingestion
  • Inadequate quality in the actual equipment being used

An individual’s diet and physiology can also play a role in the accuracy of the test. For instance, individuals on low-carb diets produce ketones, which can cause the body to produce isopropyl alcohol. The Breathalyzer testing device isn’t always able to distinguish this from ethyl alcohol, present in beer, wine and liquor. Those with diabetes can also produce isopropyl alcohol.

Occupational exposures can also affect a Breathalyzer test. Those that work in construction or around materials containing strong chemicals, such as paint, cleaning supplies and other potentially toxic products, may inadvertently blow a high BAC.

Creating Your Best Defense

If you are facing DUI charges, you do not have to face them alone. A Boston DUI attorney has years of experience representing people accused of intoxicated driving and can provide information on DUI defense strategies that may be use challenging breath test results.

Your attorney’s job is to analyze all evidence, using every detail to get you the best results possible, including possibly eliminating or reducing your DUI to reckless driving. With the right representation, a DUI does not have to redirect the course of your life with sweeping fines, restrictions and other repercussions.