Many people accused of drunk driving choose to plead guilty immediately. They assume that they have very little chance of successfully defending themselves. After all, chemical test results often seem like very compelling, authoritative evidence.
Some drivers even begin questioning their own recollections after they fail a breath test. However, chemical testing isn’t as accurate as people believe. There are many reasons for breath tests to return false positives or artificially high results. What factors might compromise the accuracy of a chemical breath test?
Medical issues
Everything from asthma inhalers to blood sugar problems could lead to false positives or inaccurately high breath test results. Some people even have rare conditions where their bodies produce alcohol internally. There may be a medical explanation for why the breath test results did not reflect how much alcohol the driver previously consumed.
Device issues
It is surprisingly common for there to be problems with the device used to test someone’s alcohol level. Perhaps the police department has not calibrated the device in months, or maybe the software has become outdated. A review of maintenance records can sometimes provide an answer for why a driver may have failed a breath test.
Grooming practices
Mouthwash and breath spray frequently contain alcohol. In some cases, individuals about to have a face-to-face encounter with law enforcement make the mistake of using oral hygiene products, only to then produce artificially high results on a breath test.
Realizing that breath tests can be wrong can give people the courage to fight pending drunk driving charges. Motorists can potentially question the accuracy of test results as part of a criminal defense strategy.