Are Breathalyzer Tests Accurate and Reliable?

In addition to the three approved field sobriety tests, including the walk and turn, the one-leg stand, and the horizontal gaze nystagmus test, breathalyzer tests are a favored means for law enforcement personnel to deduce the level of blood alcohol content for an alleged drunk driver in Delaware.

There are three primary tests that are used to determine an individual’s blood alcohol concentration (BAC) if a police officer believes a driver to be operating their motor vehicle under the influence of alcohol. These different tests are blood testing, urine testing, and breath testing. While a blood or urine test searching for a BAC reading may be more accurate than a breathalyzer test, breath tests are nonetheless far more common because of their ease of use. Results are almost automatic with breathalyzer tests, the process is much simpler, and it costs law enforcement less money to conduct breath tests than it does to conduct urine or blood tests.

Many have argued that breathalyzer tests are not as accurate as they should be and, as a result, should not be considered conclusive evidence that a driver was under the influence of alcoholic substances. This argument, in part, points to the fact that blood and urine tests are far more accurate than breath tests. Some studies have shown that breathalyzers have a 50% margin of error when directly compared with blood tests. A range of factors can affect a breathalyzer BAC reading, including the individual’s emotional state, medications, gender, weight, age, and rate of consumption of alcohol. Breathalyzer tests do not account for these factors.

Even ignoring all of that, there are still many ways for breathalyzer tests to be used improperly or to malfunction, potentially resulting in inaccurate readings for motorists.

If you are facing DUI charges in Delaware, you need to be aware that you have the option to take a legal defense against these charges with the help of a DUI defense attorney. Our law firm is dedicated to the practice of representing clients accused of DUI offenses in Delaware. This experience and knowledge grants us a unique perspective on DUI cases. We would be proud to represent your legal rights in pursuit of the most optimal outcome for your DUI case. To learn more, please contact our legal team to schedule a free consultation today.

Can Breathalyzer Test Results Be Challenged?

Yes. There are several reasons to potentially challenge a breathalyzer test result, including mistakes made by the machine or by the police officer administering the test.

Several confounding factors could complicate or affect the accuracy of a breathalyzer test. Any foreign substance in the mouth that contains alcohol, including breath fresheners, cough medicines, and certain mouthwashes, could lead to inaccurate results when searching for a driver’s BAC levels. Even environmental factors, such as paint thinner in the air, can affect the results of a breathalyzer test.

The breathalyzer machine must be properly maintained, and calibrated to specific parameters to get accurate results. Failure to properly maintain a breathalyzer machine could result in an inaccurate reading. But even if the police officer does their job correctly and maintains the breath test properly, software bugs and other malfunctions or glitches can lead to potential inaccuracies.

Certain physical conditions, such as certain types of cancer, liver disease, acid reflux, or even diabetes, may affect the results of a breathalyzer test. Additionally, certain respiratory conditions may affect the results.

How Can Criminal Defense Attorneys Help Challenge Breath Tests?

With so many potential variables that could cause an inaccurate BAC reading, there is no shortage of potential ways for a criminal defense attorney to challenge a breathalyzer test result in defense of your DUI case. A DUI defense lawyer may challenge the reliability of the breath test, the maintenance or repair of the device, the experience or training of the person performing the tasks, explore the potential for environmental or personal factors to interfere with the results, and question whether the breathalyzer test was administered under a lawful basis.

Our legal team will review the evidence and question whether the test was administered correctly, whether the testing device was properly calibrated, and whether certain medical explanations or environmental conditions could have interfered with the test. With a strong case, it is possible to have your DUI charges dismissed. To learn more about our legal services, please contact our law office to schedule a free, confidential consultation today.

Can You Refuse to Take a Breath Test?

While you are not legally required to undergo a breathalyzer or field sobriety test in Delaware, you must expressly refuse to take the test to stop a police officer from administering it. However, by expressly refusing the test, you may effectively face other legal consequences.

Even if you are under the legal level of intoxication, you could potentially be arrested for impaired driving or some other drunk driving offense if you refuse to take a breath test. Delaware police officers have the legal discretion to arrest anyone with any amount of alcohol in the system they believe to be a present danger to themselves or others.

Schedule a Free Case Review with an Experienced DUI Defense Lawyer Today

If you are facing a DUI charge on the basis of a failed breathalyzer test, you must retain professional legal representation from an experienced DUI defense attorney right away. Do not assume that just because you failed the breath test that you will be convicted. There are so many variables that can lead to inaccurate breathalyzer test readings. As your legal representation, our team will explore the many options and defense strategies to challenge the breath test results and hopefully clear your name.

Matt Stiller, the Delaware DUI Defender, is focused on providing legal services to clients who are facing DUI charges in the State of Delaware. To learn more about how we can provide legal assistance during this challenging time, please contact our law offices to schedule a free case evaluation today.

You may reach us at 302-678-8700.