FACTORS THAT CAN SCRAMBLE DUI TESTS Breathalyzer Blunders Being asked to blow into a Breathalyzer device can be unnerving for a driver who has just been pulled over. Results that exceed the 0.08% limit on blood alcohol content (BAC) can have dire consequences for a driver’s future. Many factors may call the results of those BAC tests into question, however. Some of the errors are procedural. An officer’s failure to follow the strict operating guidelines of the Dräger Alcotest 7110,
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a breath-testing device widely used in New Jersey, can lead to the evidence being thrown out. Also, the officer administering the test must be trained and certified to do so, and the machine must be calibrated and maintained properly. As skilled DUI defense attorneys know, a driver’s use of certain medications can lead an officer to arrest them for intoxication when they are not actually drunk. Use of an inhaler for asthma or COPD containing albuterol, salmeterol, or budesonide can elevate the reading. Remnants of mouthwash, breath sprays, or denture adhesive cream in a driver’s mouth have been known to alter readings. Exposure to chemicals, paints, and adhesives can also change the results.
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Certain medical conditions also can invalidate the results. Suffering from gastroesophageal reflux disease (GERD) may lead to an inaccurately high BAC reading. Diabetes is another confounding factor because it can cause ketones in the breath when blood sugar is high. Vomiting or belching can increase alcohol in the mouth. And simply eating certain fermented foods such as kimchi or sauerkraut, or following a low-carb keto diet, can cause acetones in the breath, distorting the reading. All of these flaws make Breathalyzer tests open to legal challenges. If you or a friend or family member are facing a DUI, do not hesitate to contact us. We will welcome an opportunity to mount the strongest possible defense on your behalf.
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