Factors That Affect Breath Test Results

Oct 23, 2021
DWI/DUI

Welcome to The Skiendziul Law Firm, a leading law firm specializing in law and government - legal matters. In this article, we will explore the various factors that can influence the results of breath tests in DUI cases and how they can impact legal proceedings.

1. Calibration and Maintenance of Breath Testing Devices

One of the critical factors that can affect breath test results is the calibration and maintenance of the breath-testing devices used by law enforcement agencies. These devices must undergo regular calibration and maintenance to ensure accurate readings. Any issues with calibration or maintenance can lead to unreliable and skewed results.

2. Environmental Factors

The environment in which the breath test is conducted can have a significant impact on the results. Factors such as temperature, humidity, and altitude can affect breath test accuracy. Extreme temperatures, high humidity, or altitude variations can potentially lead to skewed results.

3. Medical Conditions and Physical Characteristics

Individuals with certain medical conditions or physical characteristics may produce breath test results that differ from the average population. Medical conditions like acid reflux, diabetes, and GERD (gastroesophageal reflux disease) can cause inaccurate readings. Additionally, physical characteristics such as a person's lung capacity, breath volume, or breathing pattern can also influence the results.

4. Mouth Alcohol Contamination

Mouth alcohol contamination is another crucial factor to consider. Residual alcohol in the mouth from recent consumption or the presence of substances like mouthwash, breath fresheners, or medications containing alcohol can lead to falsely elevated readings. Proper observation and waiting period before administering the test can help mitigate this issue.

5. Improper Administration of the Test

The proper administration of the breath test is essential to ensure accurate results. Mistakes or misconduct during the administration process, including failure to follow established protocols, can compromise the validity of the test results. It is important to determine if the test was correctly administered by trained personnel.

6. Breath Test Operator Training and Proficiency

The training and proficiency of the breath test operator can significantly impact the accuracy of the results. It is crucial that the operator is adequately trained, certified, and follows the standard operating procedures when conducting the test. Lack of proper training can introduce errors and jeopardize the reliability of the breath test outcome.

7. The Defense Strategy and Legal Expertise

When facing DUI charges based on breath test results, having a solid defense strategy and legal expertise is crucial. Engaging an experienced attorney who specializes in DUI cases and the factors that can affect breath test results can make a substantial difference. They can analyze the circumstances surrounding the test and challenge the accuracy, reliability, and legality of the results in court.

Conclusion

Understanding the various factors that can influence breath test results is essential in DUI cases. The calibration and maintenance of the testing devices, environmental factors, medical conditions, mouth alcohol contamination, test administration, and operator training all play a significant role. Engaging the services of a reputable law firm specializing in law and government - legal matters, like The Skiendziul Law Firm, can provide the necessary expertise and guidance to challenge breath test results effectively.

For more information on breath test results and DUI defense strategies, please contact The Skiendziul Law Firm. We are committed to helping our clients navigate through the legal complexities and protect their rights. Schedule a consultation today.

Robin Black
Thanks for sharing! ?
Nov 8, 2023
Alyssa Kurtzberg
Interesting topic! ?
Oct 8, 2023