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How Breathalyzers Affect a Virginia DUI Defense (Part B)

Residual Alcohol in the Mouth

The most common problems with breathalyzers are that rather than measuring the alcohol in your lungs, the machine will register alcohol that still saturates your mouth. This can even be absorbed in food that remains stuck between your teeth. Under these circumstances, a breathalyzer would not reliably indicate your level of intoxication. Your Virginia DUI defense attorney should be well aware of how residual alcohol can lead to a faulty breathalyzer reading and will ask you questions that will help them to determine if residual alcohol skewed your test results.

Belching, Hiccupping or Vomiting Before A DUI Test

If you belch, hiccup or vomit prior to a breathalyzer test, it will increase the reading of the machine. Therefore, a law enforcement officer is required to ensure that you have not belched, vomited, or hiccupped within 20 minutes of taking the test. If this rule is not followed then the results may be deemed inadmissible during your Virginia DUI trial.

The Rate at Which Your Body Metabolizes Alcohol

Your rate of metabolism may also be a factor that can aid your Virginia DUI defense. If you have a slow metabolism, your body may still be absorbing alcohol at the time of your test. If this is the case, then your blood alcohol level will have a significantly higher reading. Talk to your DUI defense attorney about whether your rate of metabolism could have led to a faulty breathalyzer reading. 

Other Chemical Compounds That May Be in Your Mouth

Because of the way breathalyzers register the content of alcohol in your lungs, a breathalyzer may also register other compounds that can affect the machine's reading. Some of these are even compounds that are common in a human's breath.

If you suspect that any of these factors have influenced your breathalyzer test, you may be able to build a winning defense with help of a Virginia DUI attorney.

In an instant, your whole future can change for the worse. One minute you are out celebrating a birthday, an anniversary, a special occasion, or just enjoying a night with friends, and the next thing you know, you are in jail, your car has been towed, and you are suddenly a criminal defendant! Just as shocking as it was to see that jail door slam shut with you inside, a DUI conviction will close doors of opportunity immediately.

If you have been arrested for DUI in Virginia, there is no time to waste! Contact Virginia DUI attorney Bob Battle to schedule your legal consultation today at 804-673-5600 or via our online contact form.

Bob Battle
100% of my practice is devoted to serious traffic defense and criminal litigation in state and federal courts