7 Possible Reasons for a False Positive on a Breathalyzer Test
Being able to challenge breathalyzer results is critical in DUI defense. That’s especially true since you may not have refused to take the test even if you knew there were reasons it might return a positive result.
Maryland has implied consent laws, as many other states do. These laws mean you provide implied consent for certain tests every time you drive a vehicle. When a police officer stops you according to the appropriate procedure, there is an expectation that you will consent to a breathalyzer test if asked to do so. If you refuse to take the test, you may face license suspension.
While many disagree with implied consent, knowing those consequences often pushes people to agree to a breathalyzer test. If you find yourself in this situation and are surprised by a positive result when you weren’t drinking, the team at Scheuerman Law can work to help you clear your name, potentially by presenting evidence of one of the following reasons for a false positive.
1. Mouthwash or Other Oral Hygiene Products Containing Alcohol
Some mouthwashes and breath sprays contain fairly high amounts of alcohol. While you don’t drink these solutions, when you swish them or spray them in your mouth, some of that alcohol remains on your tongue and the lining of your mouth.
Breathalyzer equipment is designed to detect trace amounts of alcohol in the breath. If you recently used these products—up to a few minutes before the breathalyzer test—you may have enough alcohol in your mouth to impact the results.
2. Some Medications
Some medications also contain alcohol, including certain cold and flu remedies and gels designed to reduce oral pain related to toothaches or canker sores. Using these items right before a breathalyzer test could push you over the edge and create a false positive result.
Asthma inhalers can also leave compounds in your mouth that are like alcohol. In some cases, equipment that’s sensitive to alcohol might be triggered by these compounds, which means asthma inhaler users could blow a false positive without having imbibed recently.
3. Certain Types of Diets
Low-carb diets designed to put someone in ketosis can contribute to a false positive on a breathalyzer test. A ketogenic diet is meant to force the body to burn fat because it’s not getting enough carbs for energy. However, burning fat for energy creates ketones, which are chemically similar enough to alcohol that they might be picked up by breathalyzers as blood alcohol content.
4. Some Medical Conditions
Someone with diabetes may be in ketosis regularly due to the type of diet recommended for them, the medication they take, or the way their body processes food. This state can lead to more acetone in the breath than expected, resulting in an inaccurate breathalyzer result.
Other conditions that might lead to inaccurate results due to medication or certain compounds in the breath or mouth include GERD, asthma, pneumonia, ulcers, and heart conditions. Dental conditions that lead to fermented bacteria in the mouth can also increase the chances of BAC results being higher than they should be.
5. Some Fumes in the Environment
Chemical fumes, such as those from cleaning products or paint, can impact a breathalyzer result. For example, if someone has been working with chemicals all day and those liquids spilled on their clothing, they may have residual fumes around them when they take a breathalyzer test. The test may pick up some compounds from those fumes and read them as alcohol on the breath.
6. Human Error
Law enforcement officers should be trained to use breathalyzer equipment and administer these tests. If an officer hasn’t been appropriately trained, they may not operate the equipment correctly or they may make errors in the test procedure that impact the accuracy of the results. Even the way an officer communicates instructions to someone is important—completing the test according to the proper instructions can make a difference in the results.
7. Poor Calibration of the Device
Breathalyzer testing equipment must be properly maintained and calibrated to ensure test results are accurate. If you are surprised by a BAC level, especially when you haven’t been drinking at all, it might indicate that the equipment wasn’t calibrated well.
Build a Defense Strategy With a DUI Attorney
One of the first things to do if you have been arrested for DUI is to contact an experienced DUI defense team. Your attorneys will review the facts of the case and talk to you about the results. If you believe that the results were inaccurate and that you’re the victim of a false positive breathalyzer test, your lawyers can begin gathering evidence to build a case for your defense.
Depending on why the test result is inaccurate, your attorneys may request medical records or documents regarding breathalyzer maintenance and calibration. They might review dashcam footage or other videos of your arrest, talk to expert witnesses, and interview the police officer who conducted your breathalyzer test.
Ultimately, the goal is to create a compelling narrative supporting a reason why your breathalyzer test results were inaccurate. Start working with an experienced DUI defense team now to make a case for your innocence. Call Scheuerman Law, LLC, at 443-888-2062.
