Breathalyzer Tests

When a suspected drunk driver is pulled over by a law enforcement officer, it is standard operating procedure to request a breathalyzer test from the driver. This is one form of a sobriety test. Other tests include field sobriety assessments, which may require you to stand on one leg, walk in a straight line, or touch your nose. However, breathalyzer tests are similar to radar guns for speeders, as they are a machine that is for the sole purpose of determining an individual’s breath alcohol content level (or BAC). However, this device cannot determine this level exactly, but rather provides a rough estimation.

Errors in breathalyzer tests are not uncommon, and this defense can be used to protest a DUI/DWI charge in a court of law. If you believe the breathalyzer test that was given to you was inaccurate or you would like pursue legal representation for your drunk driving charge, contact the Milwaukee criminal lawyers of Kohler & Hart SC today at 414-271-9595.

Common Sources of Errors in Breathalyzer Tests

A few common sources of breathalyzer errors include:

• Inaccurate calibration: There is a chance that the breathalyzer that tested you was not recently calibrated and the results were skewed due to miscalculations.
• Analysis: Breathalyzers do not only measure ethanol content, but also could measure other substances in the body with similar chemical makeup.
• Possible interfering compounds: Substances in the air and in your body could interfere with the result of your BAC.
• Homeostatic variables: There is a biological variance for each individual that may change the way your breath is read (for instance, how much you breathe out).
• Mouth alcohol content levels: Can occur from belching or acid reflux.
• Extrapolation: If the test is given back at the police station, an hour after you were pulled over, the rate of absorption may vary between individuals. Though there is a standard measurement, there can be variation.

This list covers some breathalyzer inconsistencies, but not all. The truth of the matter is that you may still have a strong defense in a court of law even with a breathalyzer reading over .08. An experienced attorney can help you formulate a strong defense to present your case to a court of law.

Contact Us

If you have been convicted of DUI/DWI and would like to learn more about your legal rights, contact the Milwaukee criminal lawyers of Kohler & Hart SC at 414-271-9595.