Failing the Breathalyzer Without Drinking: Common Defense Strategies
When it comes to criminal defense, one of the most frequently contested issues is the breathalyzer test. In Georgia, as in many other states, these tests are commonly used to determine if someone is driving under the influence (DUI). But what happens when someone fails a breathalyzer test without actually consuming alcohol? This situation can present unique challenges for criminal defense attorneys. In this article, we’ll explore the common defense strategies employed in such cases, focusing on Georgia law and practices.
Breathalyzer Basics and Their Role in DUI Cases
Breathalyzers are devices used to measure the blood alcohol concentration (BAC) of a person by analyzing their breath. In Georgia, the legal limit for BAC while driving is 0.08%, as reported by Forbes. If a breathalyzer test shows a BAC at or above this threshold, it typically results in a DUI charge.
Breathalyzers work by estimating the amount of alcohol in a person's blood based on their breath. The accuracy of these devices can be influenced by a variety of factors, and this can sometimes lead to incorrect results, even for individuals who haven’t consumed alcohol.
Common Causes for False Breathalyzer Readings
Understanding why a breathalyzer might yield a false positive is crucial for criminal defense. There are several common reasons why a person might fail a breathalyzer test without having consumed any alcohol:
Mouth Alcohol: Residual alcohol in the mouth can skew breathalyzer results. This could come from the recent use of mouthwash, breath fresheners, or even certain medications.
Medical Conditions: Certain medical conditions, such as diabetes or acid reflux, can produce substances that mimic alcohol in breath tests. For instance, diabetic ketoacidosis can create acetone, which breathalyzers might interpret as alcohol.
Improper Calibration or Maintenance: Breathalyzers require regular calibration and maintenance. If the device isn't properly maintained or calibrated, it may produce inaccurate results.
Environmental Factors: High levels of humidity or other environmental conditions can sometimes affect breathalyzer accuracy.
User Error: Breathalyzers need to be used correctly. Errors during the administration of the test, such as improper blowing technique or timing issues, can affect the results.
Defense Strategy 1: Challenging the Accuracy of the Breathalyzer
One of the most common strategies in criminal defense when dealing with a failed breathalyzer test is to challenge the accuracy of the device. In Georgia, defense attorneys often focus on several key points:
Calibration Records: Attorneys will scrutinize the maintenance and calibration records of the breathalyzer. If the device wasn't properly calibrated according to Georgia regulations, it could be argued that the results are unreliable.
Operator Certification: The officer administering the test must be certified to use the breathalyzer. If the certification is outdated or if the officer wasn't properly trained, this could be grounds for challenging the test’s validity.
Device Malfunction: Demonstrating that the breathalyzer malfunctioned or was faulty can be an effective defense. For instance, if there’s evidence of a malfunction or defect in the breathalyzer itself, this could undermine the reliability of the test results.
Defense Strategy 2: Addressing Mouth Alcohol and External Contaminants
Another defense strategy involves addressing the presence of mouth alcohol or other contaminants. Here’s how this can be approached:
Timing of the Test: In Georgia, breathalyzer tests should be administered at least 15 minutes after the individual’s last consumption of food or drink, according to the Federal Motor Carrier Safety Administration. If the test was administered too soon, residual alcohol from mouthwash or food could affect the results.
Documentation of Mouth Alcohol: Providing evidence that mouth alcohol from a recent use of mouthwash or a similar product was present at the time of the test can be useful. This could include witness testimony or evidence showing the use of such products shortly before the test.
Defense Strategy 3: Medical Conditions and Health Issues
Medical conditions that mimic the effects of alcohol can play a significant role in breathalyzer results. Here’s how criminal defense can tackle this issue:
Medical Records and Expert Testimony: Presenting medical records and testimony from a healthcare professional can demonstrate that a medical condition, such as diabetes or acid reflux, was present. This can help argue that the breathalyzer’s reading was influenced by these conditions rather than alcohol consumption.
Scientific Evidence: Expert testimony from forensic toxicologists or medical professionals can provide insight into how certain conditions can produce substances that might be mistaken for alcohol by a breathalyzer.
Defense Strategy 4: Evaluating the Administration of the Test
The way in which a breathalyzer test is administered can also impact its accuracy. Criminal defense attorneys might use the following strategies:
Procedure Compliance: Make sure that all procedures were followed correctly during the administration of the test. This includes verifying that the test was given at the correct time and that the individual wasn't subjected to any improper handling.
Witness Testimony: Testimonies from witnesses present at the time of the test can provide insight into whether proper procedures were followed or if there were any irregularities.
Defense Strategy 5: Questioning the Breathalyzer’s Reliability
Aside from focusing on calibration and maintenance, defense attorneys may question the overall reliability of breathalyzers. This can include:
Challenge Scientific Validity: Some defense strategies involve challenging the scientific basis of breathalyzers. This might involve arguing that the technology isn't sufficiently reliable or that its accuracy isn't proven beyond reasonable doubt.
Comparative Analysis: Using results from alternative tests, such as blood tests, to compare with breathalyzer results can be a strategy. If blood tests indicate a lower BAC than the breathalyzer, it can raise questions about the breathalyzer’s accuracy.
Defense Strategy 6: Investigating Procedural Errors
In criminal defense, procedural errors during the DUI arrest and breathalyzer testing can significantly impact the case. Here’s how defense attorneys in Georgia might explore this angle:
Improper Arrest Procedure: One potential area of investigation is whether the arresting officer followed proper protocol when making the arrest. If the officer didn't have reasonable suspicion or probable cause to pull over the driver, this could be grounds for challenging the entire case. For instance, if the stop was deemed illegal, any evidence obtained from it, including breathalyzer results, might be inadmissible in court.
Inadequate Observation Period: As mentioned, Georgia law requires a 15-minute observation period before administering a breathalyzer test to see that the individual doesn't consume any substances that could affect the results. If this observation period wasn't properly adhered to, it could be used to question the validity of the breathalyzer results.
Improper Breath Sample Collection: The manner in which the breath sample is collected can also be scrutinized. For example, if the individual didn't blow into the device with sufficient force or if there was an issue with how the sample was taken, these factors might affect the accuracy of the results. Investigating how the breath sample was collected and whether the procedure followed was compliant with Georgia regulations can be crucial in building a defense.
Defense Strategy 7: Leveraging Alternative Evidence
In some cases, alternative evidence can be pivotal in undermining the breathalyzer test results. Here’s how this strategy can be employed:
Witness Testimony: Gathering testimonies from people who were with the defendant around the time of the alleged offense can provide valuable context. Witnesses who can attest to the defendant's sobriety or provide alibi information can help refute the breathalyzer results.
Alternative Test Results: If other tests, such as blood or urine tests, were conducted and show a different BAC level, this evidence can be used to challenge the breathalyzer results. In Georgia, blood tests are generally considered more accurate than breathalyzers and can be used to dispute a breathalyzer’s reading.
Surveillance and Dashcam Footage: Video evidence from police body cameras or dashcams can provide insights into the circumstances of the traffic stop and the arrest. This footage can reveal if the defendant exhibited any signs of impairment, or it can show whether the breathalyzer was administered properly.
The Role of Criminal Defense in Breathalyzer Cases
Dealing with a failed breathalyzer test when no alcohol was consumed can be tricky. Criminal defense strategies need to be multifaceted and tailored to the specific circumstances of each case. From challenging the accuracy and administration of the breathalyzer to addressing external factors and medical conditions, defense attorneys have various tools at their disposal.
Understanding these strategies and how they apply in Georgia’s legal context can help those facing DUI charges manage their situation more effectively. The ultimate goal of criminal defense is to see that justice is served and that any inaccuracies or errors in the testing process are addressed. By leveraging these strategies, defense attorneys work to protect the rights of individuals and guarantee fair outcomes in DUI cases. I provide expert legal services to Atlanta, Georgia and the surrounding areas of Fulton, Cobb, Dekalb, Gwinnett, Forsyth, Douglas, Coweta, Carroll County, Lawrenceville, and Cumming. Contact me, Kyle H. Jarzmik Law, today to schedule a consultation so we can review your situation and come up with a plan of defense. I look forward to working with you.