Reliability of Prince William County DUI Breathalyzers
There are two different ways that local law enforcement can test a person’s breath during a DUI stop. They can administer a preliminary breath test and another test after a person has been arrested while they are at the jail. Typically, judges, prosecutors, and police officers believe breathalyzer results are reliable. However, many defendants and their attorneys call into question the reliability of Prince William County DUI breathalyzers.
Causes of False Positives and Inaccurately High BAC Levels
These machines fail to consider several variables, such as body temperature, when evaluating a person’s breath. The lack of testing of those variables can yield differing results from person to person. This is important because if a person has a normal body temperature and they have consumed two drinks, their blood alcohol level (BAC) might be somewhere in the 0.06 to 0.07 range. However, a fever can elevate the test. A person’s breath being just two or three degrees above the norm could very easily elevate a breathalyzer test and generate a false result. That is just one of many ways these machines can be fallible, and it is up to an experienced defense attorney who understands the reliability of DUI breathalyzers in Prince William County to defend against accusations based on a faulty breath rest.
Additionally, the presence of residual mouth alcohol can impact the results of a breath test. Part of the process of DUI testing requires an officer to observe the person taking the test for a period at least 20 minutes. During that time frame, the suspect is instructed to not burp, spit up, or do anything else that could release the contents of their stomach into their throat, mouth, or anything similar. A breath test measures the level of alcohol in a person’s blood by testing the air that comes from the bottom of their lungs where the blood exchanges oxygen in the capillaries. However, if there is alcohol in their mouth during the test, it is going to record that and yield a false positive.
Many people are afraid of making the police officer angry during a DUI stop and will hide a burp for fear of upsetting them or, even worse, being charged with intentionally refusing the test. Unfortunately, they end up taking the test without understanding the impact of a burp on their breath test.
Why Do Government Entities Continue to Rely on Breathalyzer Tests?
Government entities think breathalyzers are the best they can do in terms of reliable evidence of a person’s DUI, but most attorneys disagree. They do, however, think that law enforcement and defense attorneys can do better by people by developing more reliable testing methods.
Some might say it is a budgetary issue and that the police cannot afford to replace old machines in every jail and police station across the United States. Regardless of reason for the continued use of breath test results, a lawyer from our firm could help you argue against the reliability of Prince William County DUI breathalyzers. Call our team today to learn more about these cases and how they typically unfold.
