THE BREATHALYZER: HOW YOU CAN GET A FALSE READING

You just got stopped for DUI. The officer asked you to perform some field sobriety tests and take the portable breathalyzer. You agreed. After all, you figured you only had a couple of  beers, the result would be well below the limit, and you’d be on your way home.

But to your surprise, the portable breathalyzer came back reading over .08. How could that happen?  Can you challenge the results?

Generally, if the police suspect you of DUI, they may ask you to take field sobriety tests and a portable breathalyzer.  While the portable breathalyzer result cannot be used as evidence in court, it can give the officer the probable cause necessary to arrest you. At the police station, you may be asked to take the official breathalyzer, which can be used in evidence. You do have the right to refuse all testing, but this comes with certain consequences such as extending the time your driver’s license is suspended.

But if you take the breathalyzer, can you get an exaggerated reading even though you drank very little? The answer is yes. Since the breathalyzer is measuring molecules of alcohol in your breath, even a little contamination can affect the result.

A variety of factors can cause a falsely high reading:  Did you rinse with alcohol or mouth wash? The alcohol remaining in your mouth can show up on the test. Did you regurgitate? Did you cut your mouth recently or do you suffer from mouth sores? A cut or sore can leak blood into your mouth. Since your stomach’s contents or your blood are denser than your breath, these substances in your mouth can increase the alcohol concentration in your breath and throw off the reading. Are you diabetic or dieting? The resulting acetone can register as alcohol. Do you work around solvents? Some of these chemicals can work their way into your blood stream and come out in your breath.

If any of the above factors apply, an attorney may help you challenge your DUI. An experienced DUI attorney can evaluate these and other defenses to your case.

If you have questions about this or another related Illinois DUI or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)