Inaccurate Breathalyzer Tests
Breathalyzer Tests Are Not Always Accurate
Did you know that breathalyzer tests can oftentimes result in an inaccurate reading? And due to these inaccurate readings, people are very often charged with a DUI. If you are ever charged with a DUI, it is important to consult a knowledgeable criminal defense attorney so that he can thoroughly analyze your case and protect your legal rights.
In the state of Virginia, you can be convicted of a DUI if your BAC is .08% or more. However, just because the breathalyzer proved to be high enough for a conviction, there may be enough rebuttal evidence for a good defense attorney such as Jason Swango of Swango Law P.C. to prove that the breathalyzer test was inaccurate. Evidence that reveals the time frame of the amount of alcohol that was supposed to be drank, as well as the amount of that was supposed to have been consumed are both relevant material to be inquired about. Testimony that reveals the error of breathalyzer tests is admissible in the case; however, it does not by itself prove innocence on the one charged with the crime.
Breathing Less Before Blowing Could Cause Higher and Inaccurate BAC Readings
If you are ever charged with a DUI/DWI crime in Virginia Beach, it is best to get a criminal defense lawyer that knows and understands DUI procedure and consult with him concerning your charge. Recently a medical study revealed that the pattern of a person’s breathing can actually affect the blood alcohol content level. This study also showed that if a person were to hold their breath for 30 seconds or more prior to undergoing the breathalyzer test, his/her BAC level could increase by as much as 15.7%. This means that you could end up getting arrested. The same study also revealed that if a person’s breathing was faster before the breathalyzer test, the readings were actually significantly lower by 11 – 14%. If you feel as if you have been a victim of an inaccurate BAC reading, you should definitely seek the help of a good DUI attorney.
Following a Police Officer’s Instructions Could Result in A Higher BAC Level
Police officers are trained to instruct DUI suspects to “blow hard” into a breathalyzer device so that the deep part of the lungs will excrete all the air. However, many times these instructions result in inaccurate BAC readings. This has been proven and explained by the studies of Dr. Michael Hlastala, a Physiology, Biophysics, and Medicine professor at the University of Washington. His studies reveal that the last part of a person’s breath can be over 50% above the alcohol level. This being so, a breath tester reading of .14% that was taken from the last part of the breath may actually indicate that the blood level is only .09%
As you can see, a breathalyzer test may not always be the nail that seals the coffin in your defense. A good criminal attorney who knows all about DUI law and defense may be able to prove that the breathalyzer test you took was actually not accurate, thus lessening or doing away with your charges altogether.