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Attorneys Stephen G. Fabian Jr. and Brian P. Young

Factors that can determine a Breathalyzer’s reliability

On Behalf of | Oct 24, 2019 | DUI - Drunk Driving |

People often think blowing over the legal limit makes them guilty of a DUI. However, that’s not always the case. Like most pieces of technology, Breathalyzers aren’t always reliable.

If one can prove they didn’t blow over the legal limit, the charges held against them could be dropped.

What can cause a Breathalyzer to lose its accuracy?

Depending on the make and model of the product, these factors could determine whether a chemical test is accurate or not:

  • Other substances: There are some products with low levels of alcohol that could set off a Breathalyzer. Some of those include cough drops, mouth wash and even toothache medicines.
  • Finicky Software: Breathalyzers, like many other devices, run on a computerized system. As many people know, most software can be vulnerable to viruses and different types of errors, which could hinder chemical test results.
  • Poor maintenance/misuse: Even experienced officers can make mistakes, as Breathalyzers often require frequent upkeep to work properly. An officer may forget to check for performance issues or if the battery was at full capacity.

Those accused deserve a fighting chance

A DUI charge, especially in a state like Oklahoma, can lead to serious long-term consequences if one is found guilty. For those charged with a DUI, an experienced criminal defense attorney can help evaluate one’s circumstances and defend their case in court.