Breath Testing

If you’re like most people, you already know that drunk driving is against the law in the United States. However, many drivers don’t realize that, in the eyes of the law, anyone whose breath testing results reveal a blood alcohol content (BAC) above 0.08% is considered drunk. As a result, even if your driving abilities are not impaired, and you don’t feel drunk, you may still be legally intoxicated.

If an officer suspects you are driving under the influence (DUI), he or she will most likely ask you to take a breath test (commonly known as a “breathalyzer) in order to determine your BAC. If the test results show a BAC above 0.08%, you will be arrested and charged with DUI.

It is important to know that, due to implied consent laws, you are required to take a breath test if a police officer requests one. In fact, if you refuse to take a breath test or any other type of chemical testing that measures BAC (such as a urine or blood test), you may be penalized more severely than if you had taken the test and failed. If you do refuse, the officer is required to warn you of these consequences; otherwise, the charges against you must be dismissed.



So exactly how much alcohol can you have before reaching a 0.08% BAC? Unfortunately, this answer varies based on personal characteristics such as weight, gender, and metabolism level—factors that are not taken into effect during breath testing. This means breath tests do not always measure a person’s BAC accurately and, in many cases, you may be able to challenge their results.

Even if your BAC results are accurate, you may still be able to challenge them if you can prove the breath testing device was not functioning correctly. As with any other type of mechanism, these devices must be maintained regularly in order to prevent malfunction. Police officers must also be trained to use the breath testing device in question. Failure to meet these requirements could lead to false readings, which means your breath test results may be inadmissible in court.

Certain gastrointestinal and oral medical conditions can also cause unreliable breath test results. For example, if you have chronic heartburn or gum disease, breath testing may not measure your BAC accurately. Using breath mints, mouthwash, cough medicine, and similar products can also inflate your BAC level.

If you recently failed or refused to take a breath test, it is important to obtain legal representation immediately after your arrest. An experienced DUI attorney will be familiar with the many flaws of breath testing, and can use this knowledge to create a strong defense for your case. Contact a DUI attorney in your area to discuss your breath testing results, and learn how you may be able to reduce or eliminate the charges against you.