Breathalyzer and Blood Tests: Accuracy & Reliability Issues
Facing DUI charges in Las Vegas can be a daunting experience, especially when the charges hinge on the results of a breathalyzer or blood test. But did you know that these tests aren’t always reliable? At De Castroverde Law Group, our Las Vegas DUI defense attorneys have substantial experience with protecting our clients’ rights by questioning the accuracy and reliability of such tests.
Schedule Initial Case Evaluation
Our approach is all about focusing on the details that matter in a DUI case and making sure the evidence against you stands up to rigorous scrutiny. With 20 attorneys on staff and 100 support personnel to support your case, we have the resources you need to discover every possible way to avoid the worst potential outcomes in your situation. Let us help you challenge the evidence and fight for a fair outcome in your case.
Breathalyzer results can influence your chances of getting a DUI conviction. However, it’s essential to understand that breathalyzers may deliver inaccurate results. At De Castroverde Law Group Criminal & Immigration Lawyers, this is one fact we might reference when handling a case like yours. Contact us today to learn more about what our DUI defense lawyers in Las Vegas, Nevada, can do for you.
How Does a Breathalyzer Work?
A breath analyzer test administered by the police after you’ve been stopped because they suspect you’re intoxicated is used to determine your blood alcohol content (BAC). Although we think of adult beverages as “alcoholic beverages,” we’re really consuming ethanol. Breathalyzers measure our blood ethanol content.
A breath analyzer device contains a negatively charged electrode and a positively charged electrode. When you blow into a breath analyzer, the ethanol you exhale reacts with water near the negatively charged electrode and oxidizes to form an acetic acid. At the positively charged electrode, oxygen from the air around you is reduced to water. The reactions with the electrodes produce an electrical current in proportion to the ethanol on your breath.
If a driver fails a roadside breathalyzer test, the police will likely take them to a police station for additional testing with more advanced equipment. Evidential breathalyzers used in police stations often use infrared technology. Infrared breathalyzers measure alcohol by shining infrared light through the breath sample and measuring how much light is absorbed—the more alcohol in the sample, the more light is absorbed.
These devices are very sensitive and can detect even small amounts of alcohol. They must analyze “deep lung air” to accurately gauge alcohol levels because this part of the breath has a stable alcohol concentration. If the device detects alcohol in the mouth or other substances that could mess up the test, it will stop the test and ask for a blood sample instead.
How Long Can a Breathalyzer Detect Alcohol?
When it comes to detecting alcohol in someone’s breath, breathalyzers can vary significantly in their capabilities. The length of time a breathalyzer can detect alcohol depends on several factors, including the type of device used and individual characteristics of the person being tested, such as their weight, gender, age, and even their metabolism.
Generally, some advanced breath analyzers can pick up traces of alcohol for up to 24 hours after drinking. However, more commonly used models might only detect alcohol for about 12 hours following consumption. This variation is because alcohol metabolizes at different rates in different people. For example, someone with a faster metabolism might clear alcohol from their system quicker than someone with a slower metabolic rate.
Additionally, the amount of alcohol consumed plays a crucial role. Heavier drinking can extend the period during which a breathalyzer can detect alcohol on your breath. It’s also worth noting that factors like whether you’ve eaten recently or are taking certain medications can influence how long alcohol stays detectable on your breath.
What matters is that there’s no universal rule for how long a breathalyzer can detect alcohol on your breath. That means the police must take special care when using these devices to collect accurate samples and that there’s often a noticeable margin of error in these cases. A knowledgeable DUI defense lawyer can critically examine the evidence from a breathalyzer to make sure it meets legal standards.
Common Issues with Breathalyzer Tests
Breathalyzer tests are a common tool in DUI cases, but they can have flaws. Understanding the potential issues with these tests is critical for anyone facing DUI charges. Here are some common problems that can affect the reliability of breathalyzer results:
- Device Calibration and Maintenance: Breathalyzers need regular calibration and maintenance to ensure accurate readings. For instance, an improperly calibrated device might read too high, incorrectly indicating a higher level of alcohol in the breath than is actually present.
- Improper Use by Police: The accuracy of a breathalyzer test can also depend on how the police administer it. Errors in administration, such as failing to observe the driver during the test, can affect the results. Another potential issue is residual alcohol from recent drinking that hasn’t yet been absorbed into the bloodstream but is present in the mouth, leading to falsely high readings.
- Environmental Interferences: Certain environmental factors can interfere with breathalyzer readings. This includes the presence of other substances in the breath that the device might mistakenly read as alcohol, such as acetone in individuals with diabetes or those on specific diets.
- Breath Sample Quality: The quality of the breath sample can influence the test outcome. For example, not blowing enough air into the breathalyzer or having an irregular breathing pattern can lead to inaccurate readings.
Challenging Breathalyzer Results in a DUI Case
A criminal defense attorney might challenge the results of a breathalyzer test when defending a client charged with a DUI in various ways. Potential strategies include:
- Requesting equipment and calibration records – An attorney can request the maintenance and calibration records for the breathalyzer the police used during a client’s BAC test. Upon reviewing the documents, they may discover a device wasn’t correctly calibrated.
- Challenging the tester’s experience – A breathalyzer may deliver inaccurate results if the individual testing a subject makes any mistakes. Thus, an attorney may review the expertise or methods of the tester to determine whether errors during testing contributed to false breathalyzer test results.
- The timing of the test – A person’s BAC doesn’t necessarily reach its maximum level immediately after they consume alcohol. Their BAC can rise over time after they’ve been drinking. Because of this, the timing of breathalyzer tests is crucial. It’s possible that a driver was below the legal limit when they were operating their vehicle. However, by the time they took a breathalyzer test at the station, their BAC may have risen above the legal limit.
- Arguing that other conditions affected the results – Medical conditions, temperature, proximity to certain substances, and other factors may affect a breathalyzer’s results. An attorney can review all the significant details to determine whether any may help them show why breathalyzer results shouldn’t be admissible in your case.
A lawyer can also reference other relevant issues. For example, without even challenging a breathalyzer’s results, an attorney may find evidence to prove that the police didn’t have probable cause to stop their client.
How Our Las Vegas DUI Defense Lawyers Can Help You Challenge Breathalyzer Test Results
Our experienced attorneys have a deep understanding of the technical and procedural aspects of DUI testing. We can scrutinize the calibration records of the device used in your case and investigate whether the police correctly administered the test.
Our team can also assess any external factors that could have influenced your test results, such as environmental substances or medical conditions that sometimes affect breathalyzer accuracy. By building a comprehensive defense strategy, we can protect your rights to the full extent of the law.
Contact Our Las Vegas DUI Defense Lawyers Now
Let De Castroverde Law Group help you through the complex details of your Nevada DUI case. We’re committed to providing you with the robust defense you deserve and challenging any questionable evidence against you. Contact us today for a confidential consultation.