Showing posts with label Contesting. Show all posts
Showing posts with label Contesting. Show all posts

Thursday, April 11, 2024

False Positive Breathalyzer Test: Understanding and Contesting a DUI Charge in Arizona

Feature Article: Uncovering the Truth Behind False Positive Breathalyzer Tests

Getting pulled over for suspected DUI is a intimidating experience for most drivers. The anxiety and embarrassment of being asked to take a breathalyzer test, followed by seeing a false positive result that could lead to serious consequences, can be devastating. In this feature article, we'll explore the truth behind false positive breathalyzer tests, their potential consequences, and what you can do to contest them.

The Science Behind Breathalyzer Tests

A breathalyzer is a device used to measure a person's blood alcohol concentration (BAC) by analyzing their breath. When a person consumes alcohol, it enters their bloodstream and is carried throughout their body, including their lungs. As a result, alcohol molecules are exhaled through the breath, and the concentration of alcohol in the breath can be measured by the breathalyzer.

However, there are several factors that can affect the accuracy of breathalyzer tests. For instance, the device may not be calibrated correctly, the person administering the test may not have followed proper procedures, or the person being tested may have a medical condition or have recently used mouthwash or breath freshener, which can cause false positive readings.

The Consequences of False Positive Breathalyzer Tests

A false positive breathalyzer test can have serious consequences, including a DUI charge, license suspension, hefty fines, and even jail time. A driver may also face higher insurance rates or restrictions on their driving privileges. Additionally, a DUI conviction can negatively impact a driver's employment and personal life, making it important to fully understand the accuracy and reliability of breathalyzer tests.

Contesting False Positive Breathalyzer Test Results

If you've received a false positive result from a breathalyzer test, it's essential to take action to protect your rights. First, it's important to gather as much evidence as possible to support your case. This may include obtaining a second opinion from a trusted medical professional, documenting any relevant medical conditions or medications you may be taking, or challenging the device's calibration or administration of the test. Additionally, it may be helpful to hire a knowledgeable DUI attorney who can help guide you through the process and provide legal representation.

One common method of contesting a false positive breathalyzer test result is to argue that the device was not calibrated correctly or that the officer administering the test did not follow proper procedures. Another strategy may be to challenge the test results by presenting evidence that demonstrates that the driver was not impaired at the time of the stop. This may include witness testimony, video footage, or other relevant evidence.

The Importance of Legal Representation

When facing a DUI charge based on a false positive breathalyzer test result, it's essential to seek legal representation. A skilled DUI attorney can help you understand the legal system and your rights, work to build a strong defense case, and represent you in court. They can also negotiate with prosecutors and judges on your behalf to help you achieve the best possible outcome in your case.

Protecting Yourself From False Positive Breathalyzer Tests

While it may not be possible to completely eliminate the risk of a false positive breathalyzer test, there are steps you can take to protect yourself. First, avoid alcohol or any other substance that can impact your ability to drive before getting behind the wheel. Additionally, be cognizant of what you eat or drink before driving. For instance, some foods and drinks, such as energy drinks, can cause false positive readings. Lastly, if you are pulled over for suspected DUI, be respectful and cooperative with law enforcement, but avoid saying or doing anything that could potentially incriminate you.


A false positive breathalyzer test result can have serious consequences, but with the right knowledge and support, you can contest the results and protect your rights. Remember, if you've received a false positive breathalyzer test, it's important to remain calm and consult with a knowledgeable DUI attorney as soon as possible. With the right legal representation and a strong defense, you can fight the charges and get back on track.

False Positive Breathalyzer Test-False,Contesting

Monday, March 4, 2024

False Positive Breathalyzer Tests: Understanding DUI Charge Possibilities in Arizona

Feature Article

The Controversy of False Positive Breathalyzer Tests and How to Contest Them

Being pulled over for suspicion of driving under the influence can be a nerve-wracking experience, especially if you feel confident you have not consumed enough alcohol to be over the legal limit. However, a breathalyzer test can create a false sense of guilt, leading to a DUI charge even if you are innocent. This Feature Article will explore the controversy of false positive breathalyzer tests and provide insight on how to contest them in court.

What is a False Positive Breathalyzer Test?

A false positive breathalyzer test is when the device indicates a BAC level above the legal limit of 0.08%, even when the driver has not consumed enough alcohol to be over the limit or has not consumed any alcohol at all. False positives can occur due to several factors, such as:

  • Mouthwash or breath fresheners
  • Medications or medical conditions
  • Diet or recent food intake
  • Improper breathalyzer calibration or administration

Despite the prevalence of false positives, many states, including Arizona, still maintain laws that allow for DUI charges based on BAC readings from breathalyzers, even if the readings are inaccurate.

The Gray Area of "Impairment to the Slightest Degree"

Arizona's DUI statutes go beyond traditional BAC levels and include a provision for "impairment to the slightest degree." This means that a DUI charge can be brought against a driver who has a BAC below the legal limit or even if there is a false positive, simply because the officer believes the driver's ability to operate a vehicle was impaired in any way.

However, this leaves room for interpretation and often puts innocent drivers in the difficult position of trying to prove their sobriety in court.

Contesting a False Positive Breathalyzer Test in Court

If you have been charged with a DUI based on a false positive breathalyzer test, you have the right to contest the accuracy of the test in court. Here are some steps to take to increase your chances of a successful defense:

1. Question the Breathalyzer's Calibration and Maintenance

Breathalyzers must be regularly maintained and calibrated to ensure accurate readings. If the device used to test your BAC was not calibrated correctly, it may have produced an inaccurate reading, resulting in a false positive.

2. Challenge the Administration of the Test

The way in which the breathalyzer test was administered could affect the accuracy of the test results. For example, if the test was not administered according to protocol or if the officer did not allow for a sufficient waiting period before administering the test, the results may be compromised.

3. Consider Medical or Dietary Reasons for a False Positive

Medical conditions such as acid reflux, diabetes, or liver disease can cause false positives on breathalyzer tests. Certain diets that include high amounts of protein or low-carb foods can also affect the results of breathalyzer tests.

4. Hire an Experienced DUI Attorney

Contesting a DUI charge based on a false positive breathalyzer test is a complex legal process that requires knowledge and experience in DUI defense law. Hiring an experienced DUI attorney can significantly improve your chances of a successful defense.

The Bottom Line: You Can Contest a False Positive Breathalyzer Test

A false positive breathalyzer test can have serious consequences, including a DUI charge, license suspension, and, in some cases, even jail time. However, it is important to remember that a DUI charge based on a false positive is not definitive and can be contested in court. By understanding the factors that can cause false positives and hiring an experienced DUI attorney to represent you in court, you can fight to clear your name and avoid the negative consequences of a false DUI charge.

If you or someone you know has been charged with a DUI based on a false positive breathalyzer test, visit to learn more and get the help you need to contest the charge.