Breath Testing Defenses

If you were recently arrested for driving under the influence (DUI) after failing a breath test, you may think your conviction is inevitable. Nothing, however, could be further from the truth. In fact, contrary to what many people think, there are many possible breath testing defenses that can be used to fight a DUI charge.

Like any other type of mechanical device, the equipment used to measure a person’s blood alcohol content (BAC) is subject to human error and/or malfunction. If the device has not been calibrated properly, for example, it may provide inaccurate readings. Likewise, if the officer who administered the breath test did not receive training for the device used during the test, the results are unreliable, and cannot be used against you in court.


Your breath test results can also be affected by other factors, such as radio frequencies, and even office equipment. If you recently consumed any type of product that contains alcohol, such as breath mints, chewing gum, or cough syrup, a breath test may not provide an accurate measurement of your BAC. Mouthwash and other oral products, such as toothache medication, have also been known to inflate breath test results.

Certain medical conditions can also influence your BAC. Common gastrointestinal and oral diseases, such as chronic heartburn or gum disease, can cause alcohol to rise up from your stomach and become “trapped” in your mouth—which in turn, leads to inflated breath test results. If you have respiratory problems, such as asthma or bronchitis, you may be unable to breathe into the testing device for the necessary amount of time—yet another factor that may cause inflated breath testing BAC results.

As you can see, breath testing equipment is far from flawless. In many cases, a person’s breath test results may reveal a BAC that is much higher than it actually is. Fortunately, with the right attorney at your side, you may be able to prove your breath test results were inaccurate due to improper maintenance, poor training, or other factors beyond your control. If you recently failed a breath test, contact a DUI attorney in your area immediately to discuss your possible breath testing defenses.