There are some circumstances in which a DUI lawyer might use a person’s breath as a defense strategy. It may be that they had a low blood alcohol content or it was a borderline case, or that their blood alcohol content was still rising at the time of their arrest.
The higher a person’s body temperature, the less accurate a breathalyzer test, because it can alter the results. A defense could be mounted based on the knowledge that the higher the body temperature, the more alcohol will concentrate in their breath and show up in a breath test. It is important to have an experienced DUI attorney evaluate the evidence regarding the possible factors altering Fredericksburg DUI breath test results.
An alcohol-based product such as cough syrup or mouthwash could be one of the contributing factors altering Fredericksburg DUI breath test results. Altering the result may enable a defense against a DUI arrest. A breathalyzer does not measure the amount of alcohol being processed in somebody’s blood; it measures the amount of alcohol on their breath.
Any household product that contains alcohol, including some gum and mouthwash, will be detected by the breathalyzer machine even though it is not causing intoxication. That means there may be an appropriate defense to raise that the person used mouthwash not long before taking the test.
There are several ways in which orthodontic work, cavities, dentures, or adhesives can affect a breathalyzer test. Alcohol can be retained inside cavities or under dentures, leading to a higher reading on a breathalyzer test. It is also possible that adhesives used for dentures could result in a higher breath test, so it is important to have an experienced attorney examine the products used before a breathalyzer test is completed.
Some physiological or oral conditions could result in a breath test recording an answer that may be numerically accurate but not because of what the person consumed. An example is acid reflux, one of several common ailments that can cause inaccurate alcohol readings on a breathalyzer test. The alcohol being measured is what is on a person’s breath, not in their bloodstream. When in the bloodstream, alcohol is processed by the body and affects their neurochemistry.
Alcohol on the breath is not an indication or even an estimate of the alcohol in someone’s blood. Anything that creates more alcohol in a person’s mouth will lead to an inaccurate result on a breathalyzer test. In individuals with acid reflux, the air from their stomach is being pushed through their esophagus to their mouth, leading to a higher reading. Other medicinal reactions also create acetone in the mouth, and certain people with diabetes suffer from hyper acidosis, all of which will be detected by the breath machine even if there is no alcohol in the person’s blood.
It is important that a person provide a DUI lawyer all the information about the results of a breath test and the amount of time leading up to it. That could include what they ate that day, what medicines they took, what medicines they generally take, and any medical conditions.
It is also important to discuss the number of breath tests a person may have taken and when they occurred, whether a preliminary breathalyzer test was administered before the arrest, and how many samples were taken. An attorney could help evaluate factors altering Fredericksburg DUI breath test results to see if there are inconsistencies or evidentiary problems that may impact someone’s case.
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