A Breathalyzer is an apparatus used by law enforcement to determine a driver’s blood alcohol content. If a driver’s BAC is over the legal limit of 0.08%, it could result in an arrest and drunk driving charges. Because of what is at stake when law enforcement uses Breathalyzer devices, it is essential they work correctly.
There are factors that could affect how well these devices work. It is possible that external issues could affect the results of a test, which may in turn lead to the arrest of an individual who was not legally drunk. Every Kentucky defendant facing drunk driving charges has the right to challenge the case brought by the prosecution, including the results of the Breathalyzer test. If you think there was a problem with your test result, you have the right to challenge it.
Problems with a Breathalyzer
When there is a problem with a Breathalyzer, it is probably the result of how law enforcement used the device or other external factors. Some of the most common issues that may impact results when using a Breathalyzer include the following:
- Software issues — Problems with the device’s software may affect results. Like any system, there can be glitches and problems.
- Foreign substances — Certain things in a person’s mouth can affect the results of a Breathalyzer test, such as toothache medication and mouthwash.
- Issues with consistency — In order to get the most accurate and reliable results, one should administer a Breathalyzer test multiple times.
- Human error — Problems with how law enforcement handles the device or administers the test can affect the results.
- Other factors — Certain chemicals and substances near the device can affect a reading, including paint fumes, varnish and more.
Law enforcement must receive training on how to use these devices accurately. Even a small mistake could result in an inaccurate reading that may negatively impact a person’s life.
Fighting back against drunk driving charges
A drunk driving charge can change the course of your life. If you are facing a DUI, it is in your interests to take your case seriously, whether it’s your first offense or you have previous convictions on your record. If there was a problem with the Breathalyzer device or the administration of the test, it could invalidate the evidence against you. You do not have to face these charges alone, but you will benefit from the assistance of an experienced DUI defense attorney.
