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You have every right to question a Breathalyzer test

It’s your right to question every aspect of your arrest, from the Breathalyzer test you received to the stop itself. As someone accused of a crime, it is worth your time to have your attorney look into your case and talk to you about mounting a defense. You should take time to protect your rights.

Breathalyzer test could be inaccurate for a few reasons. Some possible reasons for an inaccurate test could include:

  • Poor calibration
  • Poor training in delivering the test/faulty testing
  • Residual mouth alcohol, which may cause a higher reading
  • Retrograde extrapolation, which is when you receive a test at a police station after the traffic stop and a blood alcohol concentration (BAC) reading is extrapolated from that data
  • Absorptive phase testing, which is when the test is given too soon after drinking and reads the alcohol that is in the process of being absorbed (but not yet in the blood)
  • Compound interference, which is when other compounds affect the reading, like acetone that falsely reads as alcohol

Breathalyzers are generally accurate, but only when they are used in controlled circumstances. A poorly administered test, a test that is given too soon, a medical condition or other factors could all impact the outcome of the test and result in false or inaccurate readings.

Our website has more on what you should know about taking a Breathalyzer test and why it’s a good idea to protect yourself against false allegations of drunk driving or tests with inaccurate results. It’s your right to question the outcome of a test that doesn’t seem accurate and to know your legal rights moving forward in your case.