While the public consensus is that positive breathalyzer test results are a slam dunk in a DWI case, this is often not true. Many things, like when a person last ate or what medical conditions they have, can affect a person’s breathalyzer results. Here’s what you need to know about inaccurate BAC tests and how to fight them.

The Level of Alcohol In Your Mouth Was High 

A breathalyzer test isn’t sophisticated enough to detect the difference between alcohol in an individual’s bloodstream and alcohol that’s just in their mouth. For example, if you use mouthwash with alcohol before work and are pulled over on your morning commute, you could test positive for drinking and driving simply because of the alcohol residue in your mouth.

You Take Medicine for GERD 

Many people suffer from occasional heartburn after eating a spicy meal or coincidentally, drinking alcohol. However, heartburn can progress to a serious condition called Gastroesophageal Reflux Disease, or GERD, where the upper esophageal sphincter is too weak to keep the contents of the stomach inside the stomach. This means that stomach acid, food, and beverages can leak or rush back up into the esophagus, creating a painful burning sensation. In some cases, GERD can cause chest pain bad enough to convince someone they need to be seen in the emergency room for a potential heart attack. 

If you have GERD and were charged with drunk driving, your lawyer can help you obtain copies of the medical records you need to show that you have a condition that impacts the accuracy of any breathalyzer test performed on you at any time. 

The Breathalyzer Equipment Was Faulty  

Part of a police officer’s job is to keep their equipment in proper working condition at all times. This includes a breathalyzer test, which must be calibrated regularly to maintain accuracy. If an officer does not do this, their breathalyzer may not produce accurate results for any DWI stop. Therefore, the test results may not be held against the defendants in a court of law.

Defend Against a DWI Charge with the Help of a Seasoned St. Louis Drunk Criminal Lawyer  

If you’ve been charged with drunk driving without being intoxicated when you were stopped by police, this can leave you feeling scared and bewildered. Experienced criminal attorney Karie Pennington at KP Defense can help you protect your rights under the law. Call now for your initial consultation to discuss your case at 314.681.9000.