What Can Lead to an Improper DUI Arrest?

If you’ve been arrested for DUI or OWI in Indiana, it’s critical to examine the details of your arrest beyond just the breath test results. Breathalyzers are not infallible, and several factors can lead to false BAC readings or an improper arrest.

As a DUI defense attorney, I always look at the circumstances surrounding the arrest, including medical conditions, medication use, and potential breathalyzer errors. Below are some of the most common factors that can impact BAC results and ultimately affect the outcome of a DUI case.

Medications That Can Cause False Positive BAC Readings

Several over-the-counter and prescription medications can cause elevated BAC readings on a breathalyzer, even if you haven’t been drinking.

💊 Common Medications That May Affect a Breath Test:

✔ Cold & Cough Medicines – Products like Nyquil, Vicks, or Robitussin contain alcohol, which can linger in your mouth and cause a high BAC reading.
✔ Asthma Inhalers – Medications such as Albuterol, Salmeterol, and Budesonide can register as alcohol on a breathalyzer.
✔ Oral Gels & Sprays – Products like Orajel or other alcohol-based oral treatments can lead to falsely elevated BAC levels.

🚨 If you took any of these medications before your DUI arrest, this could be an important defense strategy.

Medical Conditions That Can Affect BAC Results

Certain health conditions can lead to false BAC readings or make a person appear impaired even if they are sober.

🩺 Medical Conditions That Can Cause False BAC Readings:

✔ Acid Reflux, GERD, or Heartburn – These conditions can cause alcohol from the stomach to be present in the breath, leading to inflated BAC results.
✔ Diabetes & Hypoglycemia – These conditions can cause ketosis, a metabolic state that produces acetone, which some breathalyzers mistake for alcohol.
✔ Auto-Brewery Syndrome – A rare condition where the body naturally ferments alcohol, causing BAC to rise without drinking alcohol.

🚨 If you have any of these medical conditions, your DUI attorney can use medical evidence to challenge your BAC test results.

Improper Breathalyzer Testing Procedures

Officers must follow strict procedures when administering a breathalyzer test. If they fail to do so, the results may be unreliable and inadmissible in court.

⚠️ Common Breathalyzer Testing Errors:

✔ Residual Alcohol in the Mouth – Officers must observe you for at least 15 minutes before testing to ensure you haven’t eaten, drank, or smoked, as these can impact results.
✔ Failure to Calibrate the Device – Breathalyzers must be regularly maintained and calibrated. A poorly calibrated device can skew BAC readings.
✔ Improper Test Administration – If the officer did not follow standardized breath test protocols, the results may not be valid.

🚨 If breathalyzer errors occurred, your attorney may be able to challenge the validity of the test.

Rising BAC: How Timing Affects Your Blood Alcohol Level

Your body continues to absorb alcohol even after you stop drinking. This means your BAC can rise after being pulled over, leading to a higher BAC reading at the time of testing than when you were actually driving.

⏳ Key Factors in Rising BAC Cases:

✔ Did the officer delay testing? – A long delay between the traffic stop and breath test could result in a falsely elevated BAC level.
✔ Were you tested at the police station instead of roadside? – If there was a significant gap in time, you may have been under the legal limit while driving but over the limit by the time of testing.

🚨 If your BAC was still rising when you were tested, this could be a key defense strategy to challenge the DUI charge.

Fighting a DUI Charge? Contact Attorney Nathan Vining Today

A DUI arrest does not automatically mean a conviction. Many factors can impact the accuracy of BAC results, and a skilled DUI attorney can identify weaknesses in the prosecution’s case.

At Vining Legal, I help clients challenge breathalyzer results, improper police procedures, and false positive BAC readings. If you have been arrested for DUI or OWI in Indiana, don’t face it alone.

📞 Call Vining Legal at (317) 759-3225 or
🔗 Schedule a Free Consultation

Don’t go into a DUI case uninformed—get the legal defense you need today.