Prince George’s County DUI Defense of Breath Test Errors

Due to the nature of breathalyzers, there may be certain circumstances that could lead to mistakes in the readings. In the event that the test was given improperly, it may be considered a Prince George’s County DUI defense of breath test errors. The defense could be used by a skilled DUI attorney, who may be knowledgeable regarding DUI stops and breathalyzer tests. Contact an attorney today for a free consultation.

Circumstances That May Lead to a DUI Defense Involving Breath Test Errors

There is a protocol that needs to be followed by law enforcement when having somebody submit to a breath test:

• The machine has to have calibration records
• The test has to be done within two hours of the initial traffic stop or interaction with police
• There has to be a 20-minute observation period prior to the administration of the tests to ensure that the person blowing did not eat or drink anything or even vomit because that could skew the tests

If the protocol is not followed, then that could undermine the legitimacy of the tests. These are all different factors that a defense attorney look into for a Prince George’s County DUI defense of breath test errors.

Temperature and Medication’s Affect on Breath Tests

There is an argument that a breath machine may calculate differently based upon the temperature of a person’s breath, but that may not be considered a viable argument. There are other defenses that may be more viable for an adept DUI defense attorney to use. Someone could legally and lawfully take any substance, prescribed or otherwise, and still not be able to drive if it impairs them. A person is presumed to know the contents of what they consume and therefore may be held responsible for any consequences that come from

Physiological and Oral Conditions That May Lead to Breath Test Errors

There are rare cases where alcohol may naturally occur in the body. Every person has alcohol in their system, but it is usually a small undetectable amount. Some individuals may have an overactive production and could consistently have a reading that is measurable on a breath machine.

There is also what is known as GERD, also known as gastro-esophageal reflux disease or acid reflux, that could affect a read because when a breath sample is done. Acid reflux, or GERD, is described as a muscle at the bottom of the esophagus that leads to the stomach which is usually clenched shut, except for someone who has GERD, then that muscle is not closed all the way. The acids in the stomach get into the esophagus and cause heartburn.

Affect of GERD on Breath Machines

When a person is having a bout of GERD, if there is alcohol in the stomach, it could have an additive effect when they are breathing out through their lungs because stomach contents are also coming up to the lungs which could give a higher read than normal. The breath machines may not be calibrated to take GERD into account. If someone has been previously diagnosed and even prescribed medication for the acid reflux, that could be a viable Prince George’s County DUI defense of breath test errors.

Information for a Prince George’s County DUI Attorney

A person could provide anything and everything they could to their defense lawyer regarding the circumstances of the incident. Being open and honest with your attorney could be the key to building a strong defense. Contact a seasoned attorney today that could begin working on your Prince George’s County DUI defense of breath test errors.