If a breathalyzer gives an improper reading, it may help your Virginia DUI defense. It may even convince a judge to throw away your entire DUI case. Below are 4 common causes for improper DUI readings:
1.) Belching, Hiccupping or Vomiting Before Your Test
If you belch, hiccup, or vomit before a breathalyzer test, then you may register a higher alcohol reading than is accurate. Law enforcement officers are required to constantly observe a DUI suspect to make sure this does not happen. If you do any of these things then you should not be tested for at least 20 minutes.
2.) Your Metabolism
Your rate of metabolism may adversely affect a breathalyzer reading. If your metabolism is slow, then your body may take longer to absorb alcohol, and therefore, your reading may appear higher than the actual amount of alcohol in your blood stream.
3.) Residual Alcohol in Your Mouth
One of the most common problems with breathalyzer readings is residual alcohol in the mouth. This is because you may have traces of alcohol in your mouth, or absorbed in some food between your teeth. Whatever the cause, residual alcohol in your mouth will result in a higher measurement of blood alcohol content.
4.) The Temperature of Your Breath
Oddly enough, the temperature of your breath can affect a breathalyzer reading. The machine is calibrated to test the breath at 34 degrees centigrade, but studies show that at the time of DUI arrest, people generally come closer to 35.5 degrees centigrade. The result of this can mean a 10-20% higher reading.
Any of these factors can greatly impact your Virginia DUI defense. To learn more about common problems with breathalyzer tests, visit our library.
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 out 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 Lawyer Bob Battle to schedule your legal consultation today at 804-673-5600.
