DC DUI Breath Test Error Defense

While facing charges for a DUI can be a stressful situation, know that a skilled DC criminal defense attorney can assist you in crafting an expert DC DUI breath test error defense. There can be many surprisingly simple ways to unintentionally set off a breath test without the consumption of alcohol. Read the following information to learn more about how to build your DC DUI breath test error defense today with the help of a professional DC DUI lawyer on your side.

How Alcohol-Based Products Can Affect a Breath Test

Mouthwash, cough syrup, and other substances that contain alcohol can affect the results of a breath test when someone ingests them before they take a breath test. When the substances are in an individual’s mouth at the time of their breath test, they can misrepresent the results to show an increase in the amount of breath alcohol.

Can Dental History Affect a Breath Test?

If a person recently had extensive dental work, this could potentially affect their ability to blow effectively into a breathalyzer machine. A medical condition such as a cleft palate can also inhibit an individual’s ability to blow into the testing machine effectively. When these issues prevent individuals from being able to push enough volume of air through a breath machine, they can make it appear as if the individual is trying to alter the results.

Ketosis and Body Alcohol Levels

Ketosis is a metabolic process that can artificially distort the results of a breath test. If someone is working out and eating a lot of protein, that can cause them to start creating ketones in their body. In this way, an individual can create their own alcohol in their body. Even if the individual was not drinking, the process of ketosis within their body can artificially alter the test.

What is the Officer Protocol when Administering Breath Tests?

One of the most important requirements that police officers have when they administer a breath test is to monitor the individual for at least 20 minutes before they administer a breath test. They want to make sure the individual does not belch or burp because if they burp or belch during that 20-minute period, they can bring alcohol up from their stomach and into their mouth. That is mouth alcohol and may result in the individual dousing the breathalyzer with alcohol when they would otherwise not register a high breath alcohol level.

Facts Needed for a DC DUI Breath Test Error Defense

When a defense attorney starts to strategize on their DC DUI breath test error defense, they want to get as much information as possible about the facts and circumstances of the case. There are many factors that can affect a DC DUI breath test, and they need to examine every detail possible. The lawyer starts with a detailed interview of the event, reviewing the arrest procedure and what occurred earlier in the day beforehand. The defense attorney goes minute by minute through the testing procedure and the booking procedure to see if there are any issues. The lawyer then conducts an investigation and obtains any available videos. Most of the time video exists showing the testing, and the attorney can search for any inappropriately conducted protocol in this instance as well.

If you are facing DUI charges, call an experienced attorney today to help you craft an expert DC DUI breath test error defense on your behalf.