Can I Blow A False Positive On A Breathalyzer?

The emphatic answer to this question is YES! There are numerous substances that can cause a person to blow a false positive on a breathalyzer test. The problem is that even if you have not been drinking, and you blow a false, you will still be arrested. If you have been arrested, but are convinced that your breathalyzer test yielded a false positive, an experienced DUI criminal defense attorney will be able to help you build your case as to your innocence.

What Is A Breathalyzer Test?

One of the most common methods used by law enforcement to test if a suspected driver has recently consumed too much alcohol to drive safely is to conduct a breathalyzer test. A suspect exhales into a small handheld device, which carries out a chemical test on the breath sample. The test results will indicate a prediction of how much alcohol is in the suspect’s blood; in other words, the device will estimate the suspect’s blood alcohol content. But breathalyzers are not always accurate and have been known to yield false positives.

There are a number of commonly used alcohol-based substances that can cause a breathalyzer to register a higher than accurate alcohol content in a breath or vapor sample. Some of the following completely legal substances have been found to cause false positive breathalyzer readings:

 

• Alcohol-based mouthwash products;
• Certain cough syrup or cold medicines that have high alcohol content;
• Alcohol-based breath sprays;
• Lip balms, plumpers and other cosmetics; and
• Acne treatments that have recently been applied near the lips or mouth,

Other factors can contribute to a false positive breathalyzer reading. For instance, the breathalyzer device may not be properly calibrated by the officer prior to its use on a suspect. There is also a protocol that officers are to follow when administering a breathalyzer test, which, if not followed accordingly, could result in a false positive reading.

A Positive Breathalyzer Will Wind You Up In Jail

Regardless of whether the breathalyzer test produces a false positive, if the test shows a reading that indicates it is unsafe for a suspect to be driving, the suspect will be arrested. In such cases, from the police’s point of view, it is better to be safe than sorry. While the experience of being arrested and jailed can be embarrassing, especially to those who have falsely positive breathalyzer results, a knowledgeable and seasoned defence attorney will be able to help you get the charges dropped.

Contacting a Massachusetts Criminal Defense Attorney

If you have been suspected of driving while intoxicated, were administered a breathalyzer test, and have been charged with a DUI as a result, you need to contact an experienced DUI criminal defense attorney immediately. Our Attorney is a seasoned criminal defense attorney with many years of experience handling DUI cases. She will help you build a strong case supporting your innocence and will help you fight your charges. Please do not hesitate to contact DUI defense Our Attorney either online .