Pulled Over For A DUI? Breathalyzers Aren't Perfectly Accurate

In most states, if you are ever pulled over for a suspected DUI and asked to take a breathalyzer test (a now-generic name for any device used to estimate alcohol concentration from one's breath) you can have your license suspended for refusing. It should be made clearer to the public, however, that these devices carry with them a certain level of error, especially considering the devastating effects that a false DUI conviction can have on a person's life.

Breathalyzers do not measure alcohol concentration directly, as does a blood test. Rather, they test for alcohol levels indirectly, by analyzing the chemical components in the breath of a suspected drunk-driver.

The problem is, because of this indirect method is that at times the machines don't properly measure the concentration. What the machines typically do is measure the ethyl compounds in the mouth under the assumption that these compounds are alcohol. Where errors occur is when chemicals that resemble the structure of ethyl alcohol, get registered as an alcohol residue.

Studies have found results exaggerated by the presence of bread (yeast) or smoke in one's system and even through the absorption of paints or gasoline through the skin (say, if someone had been painted a room for several hours earlier that day).

Some studies have shown that diabetics have triggered false positives because of their acetone levels which is a result of their low blood sugar. Dieters and fasters have faced similar results. Some of these problems have been alleviated because of newer models of the breathalyzers, but no machine yet has proven failsafe.

Another potential issue with breathalyzer tests is the timing of the test. If you test a driver too early, you can get a false result. Because of the time needed to absorb alcohol it takes a while for the body to absorb the alcohol completely. The results can be artificially high based upon the higher levels of alcohol in the arterial blood that is measured by the breathalyzer.

The lungs use the arterial blood, and that is what shows up on the breathalyzer test. Because of this, the levels of alcohol might show up in a breathalyzer and yet the more accurate blood test will show much lower levels, because of the nature of how alcohol is absorbed.

Being convicted of a DUI can be a devastating life event. It's important to know that the breathalyzer isn't perfect, and if at all possible if you believe the results to be false ask for a more accurate blood test.

Your best solution would be to hire a competent DUI attorney to help you determine whether the breathalyzer results can be contested, and whether the test was taken accurately, and obtained legally. Important choices must be made, and it's very important to be sure that your tests were taken accurately.

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