FREE CASE EVALUATION

25 Things That Could Have Made Your Breath Test Results Completely Inaccurate

The Prosecuting Attorney's West Virginia DUI case against you hinges on a few things. A major one is the results of your breath test (BAC). But the BAC results can be wrong. If so, this could help your West Virginia DUI DWI defense a great deal.

It could possibly even result in your charge being dismissed.

(But be warned, it's going to take a DUI defense lawyer who's knowledgeable in the science behind the breath test to effectively challenge the breath test results.)

Herežs why the breath test results can be wrong.

  1. Your body temperature at the time of testing
  2. Burping shortly prior to the test
  3. Tongue studs or other oral jewelry
  4. The presence of any removable substance or object in your mouth which you werenžt born with during the test
  5. Removable dental fixtures (plates, partials, etc.)
  6. Any food item in your mouth at the time of testing
  7. The presence of some non-alcoholic beverages in your mouth (ex. Diet Sprite)
  8. Mouthwash
  9. Acid Reflux disorder
  10. Heartburn
  11. Your actual rate of metabolism compared to the 'average' value the machine assumes you have
  12. Blood in your mouth
  13. Blowing saliva into the breath machine
  14. Working around certain types of chemicals which you may have inhaled over a long enough period that they come out in your breath sample
  15. Being diabetic
  16. Strictly following the Atkins diet or other low-carbohydrate diets
  17. Inhaling the powder that vehicle air bags are packed in following an accident with air bag deployment
  18. Blowing longer than is required for the machine to get a sufficient sample (in spite of what the officer may be telling you at the time of the test)
  19. Providing multiple samples without the officer changing the mouthpiece each time you give a sample
  20. A breath machine that is out of calibration
  21. Use, by anyone, of a cell phone at or near the time of the test
  22. Transmissions on police radios at or near the time of the test
  23. A malfunctioning breath machine (malfunctions aren't always known by the police)
  24. Improper use of the breath machine by the officer
  25. The officer's failure to follow all of the required steps for use of the breath machine

Đ 2001 BLS

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