A breathalyzer or breath test result showing a blood alcohol concentration (BAC) over the legal limit can be one of the most damaging pieces of evidence in the context of a driving while intoxicated (DWI) or driving under the influence (DUI) trial. Though damaging, however, breathalyzer evidence is not ironclad. A variety of factors may cause false or inaccurate readings, allowing DWI defense lawyers to challenge their reliability in court.
Common ways to dispute breathalyzer test results include:
Calibration Error
Like any machine, breathalyzers degrade and become less sensitive over time. Proper calibration is needed to ensure that results are accurate. Evidence that a machine was not properly adjusted and/or maintained may discredit its results.
Operator Qualifications
In most states, strict laws are in place to regulate the operation and maintenance of breath test machines. Because these devices are very sensitive, operators must be properly trained to adapt to different environmental, biological, and physical circumstances. A test administered by an untrained police officer may produce inaccurate or unreliable readings.
Absorption Defense
The absorption of alcohol into the bloodstream takes time. By some estimates, it may take up to two hours for consumed alcohol to reach equilibrium distribution throughout the body. Breathalyzer tests administered during this period can produce inaccurate results, since alcohol content is inconsistent in different areas of the body. Furthermore, if alcohol has not yet been absorbed into the bloodstream, it does not contribute to a person's level of intoxication.
Biological Variables
Breath test results are based on a standard mathematical formula which relates the amount of alcohol on a person's breath with the amount of alcohol present in their bloodstream. This formula, however, only applies when all biological variables conform to its standards. The ratio of breath alcohol to blood alcohol varies between individuals and over time; variations in body temperature can also affect results.
Summary
All in all, there are many ways in which breathalyzer tests can produce inaccurate or misleading results, leading to situations where defendants can and should challenge this evidence in court. To learn more about how breath tests are administered and how they respond to outside interference, visit the website of Austin DWI lawyers Morales & Navarrete at http://www.dwi-lawyers-austin.com.
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