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Darien DUI Breath Test Errors

When defending a breath test error in a Darien DUI case, a lawyer will often challenge the validity of the breath test. Based upon when the actual breathalyzer was calibrated, an attorney may be able to build an effective defense.

However, this is not always a defense that may hold up, because there is no strict rule about how often it must be calibrated. If there is any evidence that the breath test machine was malfunctioning in any way or rendering false positives, then that would certainly be a ground to challenge the BAC level at the time.

There may be other errors associated with the administration of breath tests in Darien DUI cases that can help lead to a minimization in penalties. If you have been charged with a DUI and are seeking a robust defense, consult with a Darien DUI lawyer as soon as possible.

Effect of Alcohol-Based Products

Anything alcohol-based like cough syrup or mouthwash, or things like aerosol spray-on sunscreen can all cause the machine to give a higher reading for a BAC.

If the defense attorney is able to present evidence that one of these other substances played a part or the client has recently used any one of those products, they may be able to show that the machine rendered a higher reading than it should have. Using these products could result in a Darien DUI breath test error.

If there are any materials in a person’s dentures that have trapped anything alcohol-based, it could render the reading to be higher than it is.

Typically, things like cavities, food, or orthodontic work generally will not affect the person's BAC unless there is the presence of something that has an alcohol base.

Impact of Specific Health Conditions

Bad cases of acid reflux or other digestive disorders or diagnoses could impact an individual’s breath test reading. Even if an individual had a glass of wine the night before, the next morning they may still register a positive blood alcohol content because of a digestive disorder.

In cases like that, an individual may sometimes register an extremely high BAC because of their acid reflex or because of their other digestive issue even when it has been 12 or 15 hours since they last consumed alcohol.

Relevant Case Information

If an individual thinks they may have taken medicine like cough syrup, used mouthwash, spray-on sunscreen, or anything like that in the 15 or 20 minutes before taking the breathalyzer, they should divulge that information to a lawyer.

Also, whether they have any physical conditions that might affect the results of a breath test, such as if they know they have acid reflex, GERD, or another digestive sickness that might affect it, they should let their attorney know. Any of these causes can contribute to a Darien DUI breath test error.

Even if an individual is not sure of any of these elements, they should let their lawyer know about any kind of physical ailments they suffer from. That way, the lawyer will be able to let their client know whether that might be relevant to the case.