There are several types of evidence that police officers can collect to prove that someone drove while drunk. Often, officers follow impaired motorists in traffic to record dashboard camera footage of them poorly operating a vehicle. Once they have recorded the driver swerving or behaving erratically, they may initiate a traffic stop.
The officer may ask questions after pulling a driver over to confirm that they have ingested alcohol before driving. Police officers may ask motorists to exit their vehicles and perform several field sobriety tests. They may also request a chemical breath test. Some people submit to testing hoping to exonerate themselves, only to end up failing the test.
Drivers who fail breath tests are usually at risk of prosecution. In some cases, they may assume that they need to plead guilty. People may put too much faith in breast tests, as false positives are far more common than they may realize.
Many factors can compromise test accuracy
Chemical breath tests are intricate devices that analyze a sample of exhaled air. Test results can come back positive or artificially high because of issues with the device itself. The police department may have failed to calibrate it recently or may have neglected other key maintenance matters, such as updating the device’s software. Gaps in maintenance records can raise questions about the accuracy of breath tests.
Even when the device is in excellent operating condition, many factors can cause false positives. Certain types of hygiene practices, including the use of mouthwash or breath sprays immediately before a traffic stop, could result in elevated test results. Medications can also cause false positive test results, as can certain dietary choices.
Even medical issues, such as blood sugar challenges, can result in inaccurate test results. People who had very little to drink or who didn’t consume alcohol at all could fail a breath test and be at risk of criminal prosecution. Issues with chemical tests are quite common, and a defense attorney could potentially ask the courts to set aside questionable test results.
Challenging the accuracy of chemical test results is a common drunk driving defense strategy. Motorists who fail a breath test may need help reviewing the evidence to plan a reasonable defense strategy, that’s okay.