Breathalyzer Tests in Frederick County
Breathalyzer tests are a common method of determining if someone is intoxicated. While they are generally accurate, there are certain misconceptions about them, as well as ways in which the results could be misinterpreted. Before consenting to a breathalyzer test in Frederick County, you should speak to a dependable DUI attorney. Your legal counsel could advise you of what to do and what to avoid when it comes to breathalyzer tests, and how you could challenge a result if it was not conducted properly.
What is a Misconception About Breathalyzer Tests?
One misconception that many people have about breathalyzers is that they should always refuse to take one. There are times where it is advisable to take the test. Many drivers who likely could have blown under 0.08 on the BAC test refuse it because they think they are supposed to. Suddenly, they face worse sanctions in the court and on their license.
Another misconception is that the tests can be affected by someone who used some kind of mouthwash or spray that contained alcohol (also known as mouth alcohol). However, these tests are designed to discount this effect. If the breathalyzer detects alcohol that is not the lungs it will give an error and nullify those results. Therefore, breathalyzer tests are deemed fairly reliable.
The Possibility of False Positive Results
There are a few ways breathalyzers can give false positives. One of the ways this happens is if the user has gastroesophageal reflux disease (GERD) or acid reflux. When someone has acid reflux, the muscle at the bottom of their esophagus does not close all the way, causing their stomach acids to move up the esophagus in what is called the bridge sensation.
If the stomach is not sealed off, there could be alcohol in the contents of the stomach providing an additive effect, inflating the rates and results of the breath test. The tests should be testing the blood alcohol concentration in the lungs, not the stomach. If somebody in Frederick County is experiencing GERD symptoms at the time of the breathalyzer test, and the judge acknowledges it, that could effectively cancel out the results of the test.
Why Do Government Experts Continue to Rely on Breathalyzers?
Although there can be problems with breathalyzer machines, there is currently no better alternative. The driver gives two samples and they are usually given the benefit of the doubt on the lower sample. The calibration records for breathalyzer machines are typically kept at the courthouse or local precincts where a person can view them to ensure that they are calibrated accurately. When the test is administered, there is a small test strip that is printed out before and after to show the machine is in proper working order.
A person should consult with a local lawyer before they consent to taking a breathalyzer test,
Challenging Breathalyzer Results
Defense attorneys could try to challenge the test to see whether there was a huge discrepancy between the two breath samples. For example, if the person blows 0.14 and 0.19, then that is a high enough disparity that the test could be invalidated. In addition, the test must also be administered within two hours of the officer pulling the car over, otherwise the BAC level will begin to fade.
Consult with an Attorney Before Taking a Breathalyzer Test in Frederick County
It is not always advisable to refrain from taking a breathalyzer test. However, it is important to know how it should be conducted and interpreted. If you took a breathalyzer test in Frederick County and are now facing a DUI charge, speak with a local lawyer as soon as possible. Contact experienced legal counsel to discuss your case.