Breath tests are widely used by law enforcement to determine a driver’s blood alcohol concentration (BAC) during DUI investigations. While these tests are generally considered reliable, certain medical conditions can cause false positive results, potentially leading to wrongful DUI charges. Understanding how these conditions affect breath tests is crucial for those facing such charges, as well as for legal defense strategies.
Understanding Breath Tests and How They Work
Breathalyzers measure the amount of alcohol in a driver’s breath and use this data to estimate their BAC. The device captures a sample of the driver’s breath, analyzes the alcohol content, and converts it into a BAC reading. However, these devices are not infallible, and various factors, including medical conditions, can skew the results.
Medical Conditions That Can Cause False Positive Results
There are several medical conditions that can produce a false positive result on a breath test. Some of these conditions cause the body to produce alcohol-like substances or interfere with the breathalyzer’s ability to accurately measure BAC.
Gastroesophageal Reflux Disease (GERD)
GERD is a common digestive disorder in which stomach acid frequently flows back into the esophagus. Individuals with GERD often experience acid reflux, which can lead to alcohol-like substances being present in the mouth or throat. This condition can cause a breathalyzer to pick up alcohol content that is not representative of the alcohol in the bloodstream, leading to a falsely elevated BAC reading.
Diabetes
Diabetics, particularly those with uncontrolled blood sugar levels, are prone to producing high levels of acetone in their bodies. When the body breaks down fat for energy, as it does in diabetics experiencing ketoacidosis, acetone is released. Breathalyzers can mistake acetone for alcohol due to their similar chemical composition, leading to a false positive result.
Low-Carbohydrate Diets
Low-carb diets, such as the ketogenic diet, force the body to burn fat for energy, producing acetone as a byproduct. Just as in the case of diabetes, the acetone produced by individuals on these diets can be mistaken for alcohol by a breathalyzer, resulting in a false positive.
Asthma and COPD
Individuals with asthma or chronic obstructive pulmonary disease (COPD) often use inhalers that contain alcohol-based propellants. Residual alcohol from these medications can remain in the mouth and be detected by a breathalyzer, even though it is not reflective of the individual’s BAC.
Hypoglycemia
Hypoglycemia, or low blood sugar, can cause symptoms such as dizziness, confusion, and unsteadiness—symptoms that are also associated with alcohol impairment. In some cases, these symptoms can lead law enforcement officers to erroneously believe that the individual is intoxicated, especially if the breath test produces a false positive result.
Respiratory Conditions
Respiratory conditions, such as bronchitis or pneumonia, can affect lung capacity and the quality of breath samples provided for testing. Inconsistent or shallow breathing due to respiratory illness may result in inaccurate breathalyzer readings, sometimes leading to falsely high BAC results.
How a DUI Attorney Challenges Field Sobriety Tests
In addition to challenging breath test results, a skilled DUI attorney can challenge the validity of field sobriety tests administered during a DUI investigation. These tests are used to assess a driver’s physical and cognitive abilities, but several factors can impact their accuracy.
Questioning the Testing Environment
Field sobriety tests are often conducted in less-than-ideal conditions, such as on the side of a road with uneven surfaces, poor lighting, or distractions. An attorney can argue that the testing environment contributed to poor performance, rather than the driver’s alleged impairment.
Addressing Physical and Medical Conditions
Certain physical and medical conditions, such as inner ear disorders, injuries, or neurological issues, can affect a person’s balance and coordination. An attorney can present evidence of these conditions, arguing that the driver’s performance on the tests was impacted by their health rather than impairment.
Examining Officer Training and Procedure
Field sobriety tests must be administered correctly according to established guidelines. If the arresting officer failed to follow proper procedures or lacked adequate training, an attorney can challenge the reliability of the test results. Deviations from standard practices can cast doubt on the officer’s conclusions.
Highlighting Stress and Anxiety
Being stopped by law enforcement is a stressful experience for most drivers. Anxiety can affect an individual’s ability to perform well on field sobriety tests. An attorney can argue that the driver’s nervousness, rather than impairment, contributed to poor test performance.
Breath Test Machines and Their Limitations
Breath test machines, while widely used, are not without their limitations. Even in the absence of medical conditions, various factors can contribute to inaccurate results.
Calibration Issues
Breathalyzers must be regularly calibrated and maintained to ensure accuracy. If the machine used during a DUI stop was not properly calibrated, it may produce inaccurate readings. A DUI attorney can investigate the calibration records of the device and use any discrepancies to challenge the results.
Environmental Factors
Environmental factors, such as the presence of paint fumes, gasoline, or cleaning products, can also interfere with breathalyzer results. These substances contain volatile organic compounds that can be detected by the breathalyzer and mistaken for alcohol.
Mouth Alcohol
Breathalyzers are designed to measure alcohol from deep lung air (also known as alveolar air), but alcohol in the mouth—often referred to as "mouth alcohol"—can cause falsely high readings. This can occur if the driver burped, used mouthwash, or recently consumed food or drink that contained alcohol. Mouth alcohol can also be present in individuals with GERD or other gastrointestinal conditions.
The Role of a DUI Attorney in Challenging Breath Test Results
A skilled DUI attorney will explore every avenue to challenge breath test results, particularly in cases where medical conditions may have contributed to a false positive.
Investigating Medical History
An experienced attorney will review the client’s medical history to determine whether any conditions, such as GERD, diabetes, or asthma, could have contributed to the false positive result. By presenting this evidence, the attorney can argue that the breath test was not an accurate measure of the client’s BAC at the time of the stop.
Requesting Expert Testimony
In many cases, a DUI attorney will work with medical experts to provide testimony regarding the client’s condition and its potential impact on the breath test results. This expert testimony can help educate the court on the complexities of breath testing and its susceptibility to error in the presence of certain medical conditions.
Challenging the Machine’s Accuracy
In addition to investigating the client’s medical history, the attorney will also review the breathalyzer machine’s maintenance and calibration records. Any failure to properly maintain or calibrate the machine can provide grounds for challenging the test results. The attorney may also request that the machine’s accuracy be evaluated by an independent expert.
Examining the Arresting Officer’s Conduct
A DUI attorney will also scrutinize the arresting officer’s conduct during the stop, including how the breath test was administered. Any deviations from standard protocols, such as failing to observe the driver for a sufficient period before administering the test, can be used to challenge the validity of the results.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you have been charged with DUI in Florida and believe that a medical condition may have caused a false positive result on your breath test, it is essential to seek the assistance of an experienced attorney. Musca Law, P.A. has a team of skilled criminal defense attorneys with a proven track record of success in challenging DUI charges. We provide free consultations 24/7/365 at 1-888-484-5057 and serve all 67 counties in Florida. Protect your rights and your future by contacting Musca Law, P.A. today for expert legal representation.
Understanding how medical conditions can interfere with breath test results is critical for building a strong defense in DUI cases. With the right legal strategy and the support of knowledgeable professionals, it is possible to challenge inaccurate test results and work toward a favorable outcome.