Breath tests are a cornerstone of impaired driving enforcement, particularly during Counterattack Season. While these devices are often portrayed as infallible, the reality is that a range of factors can lead to false readings or prevent the device from properly accepting a sample. Understanding these potential issues can help drivers better navigate roadside interactions and protect themselves against unfair penalties.
Factors That Can Lead to False Readings
Breath testing devices measure the concentration of alcohol in a person’s breath to estimate blood alcohol content (BAC). However, they are not foolproof. Here are some common issues:
Residual Mouth Alcohol:
If a person has recently consumed alcohol, used mouthwash, or taken certain medications, residual alcohol in the mouth can inflate the breath test reading. This is particularly problematic if the test is administered too soon after the driver has consumed these substances.
Medical Conditions:
Certain medical conditions can interfere with accurate breath test results.
These include the following:
Diabetes: High levels of ketones in the blood can result in acetone being expelled in the breath, which breathalyzers can misinterpret as alcohol.
GERD or Acid Reflux: Stomach contents, including alcohol, can travel back into the esophagus and mouth, leading to elevated readings.
Body Temperature: Breathalyzer devices assume a standard body temperature of 37°C. If a driver has a fever or their body temperature is higher than normal, it can cause a falsely elevated BAC reading. Given that Counterattack Season coincides with cold and flu season, this is a big concern.
Environmental Interference:
Breath testing devices can be affected by environmental factors such as temperature extremes. Excessively hot or cold conditions can impair the device’s functionality.
Chemical vapours can also impact the tests. Substances like paint thinner, gasoline, or cleaning products that contain ethanol or other alcohols in the air can interfere with the device’s sensors, causing inaccurate readings. One common one is hand sanitizer.
Calibration Errors:
Like any precision instrument, breathalyzers require regular calibration to function properly. Devices that are overdue for maintenance or improperly calibrated may produce unreliable results.
Issues That Can Prevent the Device from Accepting a Sample
Even when a driver complies with the test, the breathalyzer may fail to register a sample for reasons beyond the driver’s control. This means the driver could face a charge of refusing to provide a sample, or a 90-day Immediate Roadside Prohibition for refusal to blow.
Some examples of this are:
1. Improper Blowing Technique: Officers often instruct drivers to blow into the device in a specific way. If the instructions are unclear or inconsistent, the device may reject the sample, leading to accusations of non-compliance.
2. Mouthpiece Blockages: A dirty or blocked mouthpiece can prevent the device from receiving an adequate sample. This is a common issue, especially when devices are used repeatedly without proper cleaning.
3. Lung Capacity Issues: Individuals with medical conditions like asthma, COPD, or other respiratory issues may struggle to provide the long, continuous breath required for a valid sample. Unfortunately, police officers are not always sensitive to these limitations.
4. Device Malfunctions: Like any electronic device, breathalyzers are susceptible to malfunctions. Faulty sensors, depleted batteries, or software glitches can cause the device to fail or provide an error message.
How These Issues Can Affect Your Case
If you’ve been accused of failing or refusing a breath test, these potential errors can be critical to your defence. A skilled lawyer can examine the circumstances surrounding your test to identify flaws in the procedure or the device’s reliability. For example:
– Were proper testing protocols followed?
– Was the device recently calibrated and maintained?
– Did medical or environmental factors play a role in the results?
Breath tests are not as infallible as they are often portrayed, and drivers should not automatically accept a fail or refusal as the end of the road. By understanding the potential issues with these devices, you can better protect yourself against unfair penalties. If you believe your breath test was inaccurate or improperly conducted, contact a lawyer immediately to review your case.
If you’re facing charges related to a breath test, our experienced legal team can help. Contact us today to protect your rights and challenge unfair results.
