You didn’t think that you had that much to drink. You were careful. Yet, you were pulled over, and a Virginia police officer asked you to submit to a breathalyzer test. You complied with the request because you: (a) had nothing to hide, and/or (b) knew that a refusal could result in an arrest.

You were shocked that your blood alcohol content (BAC) registered above the 0.08% legal limit. You think that the breathalyzer test was wrong, but is that possible? Could a Fairfax DUI defense lawyer help you?

5 Reasons a Breathalyzer May Be Incorrect

Generally, the police and the court will assume that a breathalyzer was accurate unless you and your Fairfax DWI defense lawyer present evidence otherwise. You and your lawyer may be able to prove that the breathalyzer results were inaccurate, and thus should not be used as evidence against you, if:

  1. There was residual alcohol in your mouth. Breathalyzers are supposed to measure the amount of alcohol in your lungs, not your mouth.
  2. You burped, hiccupped, or vomited shortly before the breathalyzer test.
  3. Your slow metabolism affected the results of the breathalyzer test.
  4. Something in your diet or medication would cause an inaccurate breathalyzer test.
  5. Your pattern of breathing was abnormal. If you are nervous and hold your breath prior to the test, then inaccurate results may register.

This list is not exhaustive, of course. There may be other reasons for inaccurate breathalyzer results, including police error.

How to Contact a Fairfax DUI Defense Attorney for Help

Breathalyzers are not foolproof. They sometimes give inaccurate results. If this has happened to you, please do not hesitate to contact an experienced Fairfax drunk driving lawyer today at (703) 385-5529 for more information about protecting your rights.

Gretchen L. Taylor
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Brilliant piece of information. criminal law
by RachaelSable January 9, 2015 at 01:06 AM
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