Some impaired driving allegations stem from poor control of a vehicle. Someone who swerves all over the road, slows down without reason or otherwise displays diminished ability might get stopped by police and then arrested.
Other times, drunk driving allegations arise because of a failed chemical test. Police officers sometimes ask drivers to perform breath tests during unrelated traffic stops or following car crashes. Drivers who know they are sober are often happy to take a test and prove that they didn’t violate the law.
However, sometimes the results of a test may surprise the motorist. They may end up arrested because the results show that they are over the legal limit for their blood alcohol concentration (BAC). While most people put quite a bit of faith in chemical tests, they are not always accurate and reliable. Any of the three factors below might explain why a driver failed a breath test without consuming alcohol.
Blood sugar issues
Some people have type 2 diabetes but have not yet received a diagnosis from a doctor. Other people may intentionally put their bodies into a state of ketoacidosis in an attempt to be as healthy as possible. Breath tests can return false positive results when someone has blood sugar issues or is in a state of ketoacidosis. That connection is so strong that some companies market breath tests to those interested in fitness as a way to determine when they have achieved an internal state of ketoacidosis.
Hygiene practices
Bad breath is embarrassing, and many people want to put their best foot forward when dealing with law enforcement professionals. Some motorists carry breath spray or mouthwash in their vehicles. They can then freshen up when meeting with other people. The decision to use mouthwash or a breath spray right before a traffic stop could potentially lead to a false positive. Many breath freshening products contain alcohol and may result in highly-inaccurate chemical test results.
Prescription medications
People sometimes take specific medications that could lead to false positives on a breath test. For example, if someone experiences asthma attacks, they may notice difficulty breathing when they feel anxious. Getting pulled over by a police officer might trigger their anxiety, leading to breathing challenges. If they use an inhaler, the chemicals in the inhaler could produce a false positive result. There are also certain unusual medical conditions that might affect breath test accuracy. In fact, tests can return false positives due to mistakes made by the police officer administering the test or the department maintaining the device.
Challenging the accuracy of breath test results is one potential solution for those facing drunk driving charges. Drivers who understand that tests are not always accurate can potentially develop a defense strategy where they raise questions about the main evidence against them.
