What circumstances can lead to an improper DUI arrest?

If you are facing DUI or OWI charges, it is important to look into more than just the arrest. There are several things an attorney should look into that can impact the accuracy of a breathalyzer or cause a false positive. In a typical case, we would consult with our clients about the following things that can impact your BAC and the final outcome of the case.

Medications

Several over the counter and prescription medications can cause false positives on a breathalyzer:

• Cold relief medicines such as Nyquil or Vicks that contain alcohol can cause a higher reading on a breath test

• Asthma medications such as Albuterol, Salmeterol, and Budesonide can cause a breathalyzer to register alcohol

• Oral gels that contain an alcohol based product stay concentrated in your mouth and raise BAC readings.

Medical Conditions

An underlying medical condition may also result in a false positive on a DUI. For instance:

• People who suffer from Acid Reflux or GERD will test higher on a BAC test.

• People who have Hyperglycemia or Diabetes may have ketosis in his or her body which produces acetone which will register as alcohol on a breathalyzer.

Residual Alcohol

When administering the breathalyzer test, the officer has to be careful there is no alcohol in your mouth, as such they have to observe you not drinking, eating or smoking prior to administering the test so that they can be sure there isn’t a substance present that registers a false positive.

Device Error

Breathlyzers require regular calibration to ensure that they deliver accurate results. A poorly maintained or calibrated machine can produce unreliable results.

Rising Alcohol Levels

Your body process alcohol differently depending on how many drinks you have had and how long it has been since your last drink. As a result, it is common that your BAC can change after you stopped drinking and often rises over time. As a result, it is important to understand how the timing of your breath test may impact your BAC.

Contact Attorney Nathan Vining Today if you have been arrested.

Don’t go into a DUI case uninformed. There are a lot o f things a DUI attorney can do that can impact the final outcome of the case and help improve your situation. Contact Vining Legal to learn about your options and what we could do for you.