I Failed a Breathalyzer. Can I Prove It Was Inaccurate?

 Posted on October 31, 2024 in DUI

It can be stressful getting pulled over, taking a breathalyzer test, and failing it. Most people start panicking that they will be charged with a DUI and face all the serious consequences that come with a conviction. 

However, breathalyzers are not always accurate and there are many reasons why a failed test does not necessarily mean you will be convicted. If you failed a breathalyzer and are worried about what this means, speak with a knowledgeable Joliet, IL DUI lawyer to understand your options. 

How do Breathalyzers Work?

A breathalyzer is a testing mechanism that you blow into. The device measures how much alcohol is in your breath, and displays a number to reflect the blood alcohol concentration (BAC). If you are pulled over and your BAC level as reported from a breathalyzer test is anything from 0.08% and up, you can be charged with driving under the influence (DUI).

Are Breathalyzers Always Reliable?

The short answer is no. There are many reasons why your breathalyzer results might not be accurate, including:

• Improper use: Anyone administering a breathalyzer test needs to undergo special training to understand how to use the device. If the tester did not receive proper training, that might be sufficient to have the results dismissed.

• Calibration failure: If a breathalyzer is not properly calibrated according to state regulations, it might not function correctly. When the device is not calibrated as needed, it can invalidate test results.

• Medical conditions: Certain health issues such as diabetes or acid reflux can affect breathalyzer readings. Defense counsel sometimes brings in an expert to testify in such cases about how the medical condition could cause inflated BAC results.

• Presence of chemicals: Certain chemical compounds can impact a breathalyzer’s functions. Common chemicals like acetone as well as cigarette smoke, gasoline, paint fumes, mouthwash, and more, can cause a breathalyzer to produce a falsely high reading, which could result in a DUI charge when you were never under the influence to begin with.

Schedule a Free Consultation with a Will County, IL DUI Defense Attorney

If you believe your breathalyzer results are inaccurate, speak with an experienced Joliet, IL DUI lawyer to understand what you can do about it. There is a legal precedent for getting results dismissed from a case. At McNamara Phelan McSteen, LLC, we know how overwhelming it can be to navigate charges and we are dedicated to fighting aggressively on behalf of you and your rights. Call us at 815-727-0100 to schedule a free consultation.