Understanding Breath Tests for Alcohol: Issues and Legal Implications

March 18, 2012

Breath tests for alcohol, commonly known as breathalyzer tests, play a crucial role in DUI enforcement. However, the accuracy of these tests has come under scrutiny, raising concerns about the validity of many DUI convictions. This blog explores the issues surrounding breath tests for alcohol, their legal implications, and how individuals can challenge faulty results.

What Are Breath Tests for Alcohol?

Breath tests for alcohol, often referred to as breathalyzers, are devices used by law enforcement to measure a person’s blood alcohol concentration (BAC) from a breath sample. These tests are commonly used during traffic stops when a driver is suspected of being under the influence of alcohol.

How They Work: The device measures the amount of alcohol in the breath and converts it to an estimated BAC.
Types of Devices: Commonly used devices include the Alco-Sensor IV and Intoxilyzer 5000.

Common Issues with Alcohol Breath Tests

Despite their widespread use, breath tests for alcohol are not infallible. Several issues can affect the accuracy of these tests:

Calibration Errors: Devices must be regularly calibrated to ensure accuracy. Failure to do so can lead to incorrect readings.
Environmental Factors: Factors such as temperature, humidity, and the presence of other chemicals can affect test results.
User Error: Improper use of the device by the operator can lead to false readings.
Medical Conditions: Certain medical conditions, such as GERD, can affect the accuracy of breath tests.

The Impact of Faulty Breathalyzer Results

Faulty breathalyzer results can have severe consequences for individuals accused of DUI:

Wrongful Convictions: Inaccurate readings can lead to wrongful DUI convictions, impacting a person’s criminal record and driving privileges.
Legal Penalties: Individuals may face fines, license suspension, and even jail time based on faulty test results.
Professional Repercussions: DUI convictions can affect employment opportunities, especially in professions requiring a clean driving record.

Recent news has highlighted significant issues with breathalyzer accuracy. For instance, the San Francisco Public Defender’s Office discovered that the San Francisco Police Department had been falsifying calibration records for their Alco-Sensor IV devices. This fabrication led to potentially inaccurate readings and may result in the dismissal of up to 1,000 DUI convictions.

Legal Rights When Facing Faulty Breath Tests

If you have been subjected to a faulty breath test, it’s crucial to understand your legal rights:

Right to a Fair Trial: You have the right to challenge the accuracy of breath test results in court.
Right to Legal Representation: An experienced DUI attorney can help you navigate the legal process and present a strong defense.
Right to Appeal: If you have been wrongly convicted, you have the right to appeal the conviction based on faulty test results.

How to Challenge Faulty Breathalyzer Results

Challenging faulty breathalyzer results involves several steps:

Hire an Experienced DUI Attorney: A lawyer specializing in DUI cases can help investigate the accuracy of the breath test and build a defense.
Request Calibration Records: Obtain the calibration and maintenance records of the breathalyzer device used in your case.
Examine Test Conditions: Review the conditions under which the test was administered, including the environment and the operator’s training.
Present Medical Evidence: If applicable, provide evidence of medical conditions that could have affected the test results.

Frequently Asked Questions about Alcohol Breath Tests

Q: Are breath tests for alcohol reliable?
A: While generally reliable, breath tests for alcohol can be affected by various factors such as calibration errors, environmental conditions, and user error, leading to potential inaccuracies.

Q: What should I do if I believe my breathalyzer test was faulty?
A: If you suspect your breathalyzer test was faulty, consult with an experienced DUI attorney who can help you challenge the results in court.

Q: Can I appeal a DUI conviction based on faulty breathalyzer results?
A: Yes, you can appeal a DUI conviction if you have evidence that the breathalyzer results were inaccurate due to faulty calibration, environmental factors, or other issues.

Q: How often should breathalyzers be calibrated?
A: Breathalyzers should be calibrated according to the manufacturer’s recommendations, typically every 10 days or after 150 tests, to ensure accuracy.

In conclusion, understanding the issues and legal implications of breath tests for alcohol is essential, especially for those facing DUI charges. If you believe you have been subjected to a faulty breathalyzer test, it’s crucial to seek legal advice and explore your options for challenging the results.