How Accurate are Breathalyzers?

Like other testing equipment, breathalyzers must be maintained and calibrated on a regular basis. There are also prepping formulas that must be used on the machines, and these solutions are often used after their expiration dates. Oftentimes, these standards (i.e., pre-prepped alcohol solution) are used to not only teach the Breathalyzer/intoxilyzer 9000 the benchmark legal limit of 0.08 BrAC (Breath Alcohol Content).  However, if the standard or reference material is not properly calibrated or prepared, then it will compromise the validity of the machine.  Which can also ultimately, produce an inaccurate breath score and potentially falsely elevate the BrAC.

Different localities have also reported problems with the software that is used in the tests. Additionally, a false positive can be returned if the subject has just brushed their teeth, has had a breath mint,  just recently vomited, burped or belched, used mouth wash, taken cough syrup when they have a cold, is diabetic, has a fever, or their breath temperature is elevated.

With all of these limitations, it is surprising that such a faulty test is still in use! Of course, this is of little comfort if you are facing criminal charges or the loss of your driver's license. A competent DUI attorney who knows the margin of error and flaws of these breathalyzers can help you fight any false positives and get their clients a hearing that is fair and accurate. 

If you are in need of a DUI attorney because of a recent breathalyzer test, contact Chris today. He is a designated ACS-CHAL Lawyer-Scientist as determined by the American Chemical Society.