Understanding How Health Issues Can Affect Your DUI Case and Protecting Your Rights in Florida
Breath tests are widely used by law enforcement to determine a person’s blood alcohol concentration (BAC) during a DUI investigation. However, these tests are not always accurate, and certain medical conditions can cause false positive results. As a Florida DUI defense lawyer, I've seen many cases where individuals are wrongfully charged due to underlying health issues that can interfere with breath test accuracy. If you or someone you know has been charged with DUI and suspect a medical condition may have impacted the results, it's crucial to understand how this could affect your case.
In this article, I'll discuss some common medical conditions that can cause false positive breath test results, the legal implications, and how having an experienced attorney on your side can help you fight these charges.
Understanding How Breath Tests Work
Before diving into the medical conditions that can affect breath test results, it's essential to understand how these tests work. Breathalyzer machines measure the amount of alcohol in a person’s breath by estimating the alcohol concentration in their blood. When you consume alcohol, it gets absorbed into your bloodstream and eventually reaches your lungs. As you exhale, the breathalyzer captures a sample of your breath and calculates your BAC.
Florida law defines DUI under Florida Statutes Section 316.193, which states that a person is guilty of driving under the influence if they have a BAC of 0.08% or higher or if their normal faculties are impaired by alcohol or drugs. However, breath tests are not foolproof, and several factors can lead to inaccurate readings, including certain medical conditions.
Medical Conditions That Can Cause False Positive Breath Test Results
1. Diabetes and Hypoglycemia
People with diabetes, particularly those experiencing hypoglycemia (low blood sugar), may have elevated levels of acetone in their breath. Acetone is a type of ketone that the body produces when it breaks down fats instead of carbohydrates for energy. Unfortunately, acetone can be detected by breathalyzer machines and can register as ethanol, the type of alcohol that breath tests are designed to measure.
This means that if you are diabetic and have low blood sugar or are in a state of ketosis, the breathalyzer may interpret the acetone as alcohol, leading to a false positive result. In such cases, a person could be wrongfully charged with DUI, even if they had not consumed any alcohol.
2. Gastroesophageal Reflux Disease (GERD), Acid Reflux, and Heartburn
Individuals with GERD, acid reflux, or heartburn may experience the regurgitation of stomach acids into their throat and mouth. These acids can carry alcohol from recent consumption, or even residual alcohol from foods or medications, back into the mouth. As a result, the breathalyzer may detect this alcohol and produce an elevated BAC reading.
Because breathalyzer machines rely on breath samples from deep within the lungs, any residual alcohol from the stomach can lead to inaccurate readings. This is why people with GERD or other acid reflux conditions are more likely to have false positive results on breath tests.
3. Auto-Brewery Syndrome
Auto-brewery syndrome, also known as gut fermentation syndrome, is a rare medical condition where the body produces alcohol internally. In this condition, certain types of yeast in the intestines convert carbohydrates into alcohol, causing the individual to have a measurable BAC even if they haven't consumed any alcoholic beverages.
Although auto-brewery syndrome is rare, it can lead to false positive breath test results. People with this condition may exhibit symptoms of intoxication even without drinking, which can make it difficult to challenge DUI charges without proper medical documentation and defense strategies.
4. Asthma and Respiratory Conditions
Asthma and other respiratory conditions can also affect breath test results, especially if the individual uses an inhaler. Many asthma inhalers contain alcohol as a propellant, and this can be expelled into the breath during a test. Consequently, the breathalyzer may detect the alcohol from the inhaler, resulting in a false positive reading.
Additionally, individuals with respiratory conditions may have difficulty providing a sufficient breath sample for the test, which can lead to inaccurate results. If the machine doesn’t receive enough breath, it may record an elevated BAC, even if the person’s actual BAC is below the legal limit.
5. Dieting and Low-Carb Diets
Ketogenic and low-carb diets are increasingly popular, but they can also contribute to false positive breath test results. When following a low-carb diet, your body enters a state called ketosis, where it burns fat for fuel instead of carbohydrates. This process produces ketones, including acetone, which can be mistaken for alcohol by a breathalyzer machine.
If you were on a strict low-carb diet when you were pulled over, it’s possible that the breathalyzer detected acetone in your breath and misinterpreted it as ethanol, leading to an inaccurate BAC reading.
Legal Implications of False Positive Breath Test Results
A false positive breath test can have severe legal consequences, especially if it leads to a DUI conviction. Florida law imposes strict penalties for DUI offenses, even for a first-time conviction. Under Florida Statutes Section 316.193, a first-time DUI offense can result in:
- Fines ranging from $500 to $1,000
- Up to six months in jail
- Probation for up to one year
- A mandatory driver’s license suspension
- DUI school and substance abuse treatment
If you have prior DUI convictions, the penalties increase significantly, with the potential for felony charges, longer jail sentences, and more substantial fines.
Given the serious consequences of a DUI conviction, it's crucial to challenge any false positive breath test results, especially if a medical condition contributed to the inaccurate reading. An experienced DUI defense attorney can help you gather the necessary medical evidence to support your case and challenge the validity of the breath test results.
How Hiring a Private Attorney Can Help Your Case
When facing DUI charges based on a false positive breath test, hiring a private attorney can make all the difference in the outcome of your case. Here’s how a private attorney can help:
1. Thorough Investigation and Analysis
A private attorney will conduct a thorough investigation of your case, including examining the circumstances of the traffic stop, the administration of the breath test, and your medical history. They’ll identify any factors that could have contributed to a false positive result, such as medical conditions, medications, or dietary habits.
2. Access to Medical Experts
An experienced DUI defense attorney can work with medical experts who understand the impact of certain health conditions on breath test results. These experts can testify on your behalf and explain to the court how your medical condition could have caused a false positive reading, strengthening your defense.
3. Challenging the Accuracy of the Breath Test
Breathalyzer machines are not perfect, and they can produce inaccurate results if they are not properly maintained, calibrated, or administered. A private attorney will examine the maintenance records of the breathalyzer, the training of the officer who administered the test, and any potential procedural errors that could have led to a false positive reading.
4. Negotiating Charge Reductions or Dismissals
In some cases, your attorney may be able to negotiate with the prosecution to have the charges reduced or dismissed based on the evidence of a false positive result. This could mean the difference between a DUI conviction and a lesser charge or avoiding a conviction altogether.
5. Protecting Your Criminal Record
A DUI conviction can have a lasting impact on your criminal record, affecting your employment, housing opportunities, and personal relationships. A private attorney will work diligently to protect your record by exploring all possible defenses, negotiating with prosecutors, and advocating for your rights in court.
Florida DUI False Test Results in DUI Cases FAQs
Can medical conditions be used as a defense in a DUI case?
Yes, medical conditions can be used as a defense in a DUI case, especially if they contributed to a false positive breath test result. Conditions like diabetes, GERD, and auto-brewery syndrome can produce false readings. An experienced DUI defense attorney can help gather medical evidence and expert testimony to support your case.
How can a low-carb diet affect my breath test results?
Low-carb diets, such as the ketogenic diet, cause the body to produce ketones, including acetone. Breathalyzer machines can mistake acetone for ethanol, leading to false positive BAC readings. If you follow a low-carb diet, your attorney can present this information as part of your defense strategy.
What should I do if I believe my DUI breath test result was a false positive?
If you believe your breath test result was a false positive, it’s crucial to contact an experienced DUI defense attorney immediately. Your attorney will investigate your case, gather medical evidence, and challenge the accuracy of the breath test results to help you fight the charges.
Can asthma inhalers cause false positive breath test results?
Yes, asthma inhalers can cause false positive breath test results because many contain alcohol as a propellant. When used shortly before a breath test, the inhaler’s alcohol content can be detected, leading to an inaccurate reading. Your attorney can use this information to challenge the test results in court.
Is it possible to challenge a breath test result in court?
Yes, it’s possible to challenge a breath test result in court. Factors such as improper administration, equipment malfunctions, or medical conditions can all lead to inaccurate results. An experienced DUI defense attorney can present evidence to dispute the validity of the breath test and work to have the charges reduced or dismissed.
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If you or someone you know is facing DUI charges in Florida due to a false positive breath test result, don't leave your future to chance. Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation. Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They have 30 office locations and serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.