Fighting False Positives for BAC Tests
Many people treat breathalyzer tests as the final word when it comes to
driving under the influence (DUI). If someone fails a breath test, then they
must be drunk, people assume. What many people fail to realize is that breathalyzer
tests - and all other forms of blood alcohol concentration (BAC) testing
- can render false positives. Any number of reasons can cause a person
to fail a breath test when they are not truly intoxicated: police misconduct,
failure to calibrate the machine, a broken machine, medications, nervousness,
and more. At Parks & Braxton, PA, we have the power to fight and the
knowledge to win your DUI defense case, even if you have failed a breath test.
Police Misconduct in Administering Breathalyzer Tests
The most common cause for a faulty breath test result is police misconduct.
The officer who pulls you over and administers the breath test must take
several precautions to ensure that the reading is correct. First of all,
they must be sure to calibrate the breathalyzer machine
every time. These machines are very delicate and, if not calibrated correctly, your
BAC could read higher than its true percentage. Even one-hundredth of
one percent can make a difference and result in a DUI arrest. At Parks
& Braxton, PA, we can thoroughly investigate the circumstances of
your arrest and gather evidence to determine whether or not your arresting
officer performed their duties correctly and took caution to ensure that
the breathalyzer machine was calibrated, that the machine was used correctly,
and that your sample was not contaminated.