Can breathalyzers provide inaccurate results?

A law enforcement officer pulling you over and asking you to blow into a breathalyzer can be a terrifying experience. While this device can produce a blood alcohol content (BAC) reading, it is prone to errors. Understanding the limitations in breath tests is crucial for defending yourself against an operating under the influence (OUI) charge.

How breathalyzers work

When you drink, your body absorbs alcohol. This travels through your bloodstream to your lungs and becomes part of your breath when you exhale. The concentration of alcohol in this air is directly related to the concentration in your blood.

Breathalyzers measure the level of alcohol vapor in your breath by using specific technology. Some devices have fuel cells that generate an electrical current when alcohol is present. Meanwhile, breath tests with infrared spectroscopy identify alcohol based on how much light it absorbs.

Why breath tests can be unreliable

Although breathalyzers can project your BAC level, these devices can have flaws that produce false readings. Errors often stem from the following:

• Calibration: Lack of calibration can lead to inconsistent and inaccurate results.

• Medical conditions: Acid reflux or diabetes can introduce ketones that the machine mistakenly flags as ethanol.

• Environmental factors: A device’s exposure to extreme temperatures and chemicals can affect its accuracy.

• Test timing: A failure to follow testing protocols can skew results.

If a breathalyzer result of 0.08% or higher is admitted into evidence, the court may convict you based on that number alone, regardless of how sober you appeared. This is why challenging the admissibility of the test is the primary defense strategy in Massachusetts.

Protecting your future

If you receive a high BAC result, understand that it is possible to challenge this evidence. Before reaching a conviction, the jury must find that the test was scientifically reliable and administered correctly beyond a reasonable doubt.

While this offers an opportunity to prove your innocence, it is too risky to handle the situation on your own. Seeking legal counsel is a step forward in building a defense.