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Challenging the BAC

The most popular method for testing a person’s blood alcohol content is by administrating the Breathalyzer test. This test is commonly conducted by police officers who are out in the field because the testing equipment is convenient to transport, easier to administer, and produces faster results. However, some breathe tests results are not 100% accurate due to several factors.

The breathalyzer machine is used to detect the presence of Ethyl alcohol which is commonly used in alcohol drinks. The problem with the breathalyzer machine is that it’s unable to make a distinction between Ethyl alcohol and Methyl alcohol. If you consume other substances that contain methyl alcohol, the machine can easily confuse it for Ethyl alcohol and you can be charged with a DWI.

People with diabetes have higher levels of methyl nitrites which leads to higher levels of methyl alcohol. The same goes for people who are on diets. As the body throws ketones, the level of methyl alcohol on the breath also rises.
Breathalyzer test results can be challenged in a number of ways. If the machine was not faulty or the test was not conducted properly, then the test results could be wrong.

Here are other factors that can throw off the breathalyzer test:

• Temperature Conditions
• Machine Malfunction or Not Properly Calibrated Before Use
• Smoke or Dirt
• Moisture Conditions
• Blood or Vomit in the Mouth

All of these factors can be used by your criminal defense attorney to challenge the BAC results in court.

Before making a decision about entering a plea, contact Minneapolis DWI lawyer cl to help you evaluate your case and provide the appropriate advice for your situation.

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