The legal consequences only heighten for every subsequent charge, and those accused of a DUI should make sure that their case receives fair and impartial review. Defenses may involve technical and complex legal theories, and others may revolve around a flat-out mistake of law or fact. A typical example of a mistake involves false positive readings on ignition interlock devices (IID).

Generally, technicals install IID’s in vehicles following a court order. According to the Arizona Department of Transportation (ADOT), the technician wires the device to the ignition and installs it on the vehicle’s dashboard, in addition to a camera and GPS. A driver cannot start the vehicle until they exhale into the device. The engine will not start if it detects alcohol on the driver’s breath. In an attempt to address fraud, the device will randomly prompt the driver to provide a sample throughout their journey. When the sample exceeds the permitted Blood Alcohol Content limit or fails to detect a sample, the car will continuously alert the driver.

However, while these devices are precise and pick up the slightest amount of alcohol; a positive reading may stem from everyday objects. For example, the device may pick up on:

• Breath spray,
• Cologne,
• Cough medicine,
• Cough drops,
• Mouth wash,
• Hand sanitizer,
• Certain baking extracts, and
• Energy drinks.

The device cannot distinguish between alcohol from these objects or alcoholic drinks. False positives can have disastrous consequences on an individual and may result in hefty fines, incarceration, and license suspension or revocation. Further, the devices may incorrectly log a reading because of incorrect installation or a defect in the device. These seemingly minor errors can have lifelong consequences on the accused. An Arizona criminal defense attorney can help establish a credible and effective defense against these serious charges.

Contact an Arizona DUI Defense Attorney

If you or someone you know is facing Arizona DUI charges, contact the Phoenix criminal defense lawyer at the Law Office of James E. Novak. Attorney Novak is an experienced and highly skilled attorney with years of successful litigation experience. His office represents clients in an array of criminal matters, including Arizona DUI defense and charges related to assaults, aggravated assault, theft, burglary, vehicular offenses, sexual offenses, probation violation, and drug charges. Attorney Novak is a preeminent Arizona criminal defense attorney and has published several resources on criminal law. He provides clients with compassion, respect, and zealous representation at every point of their case. Contact the Law Offices of James E. Novak at (480) 413-1499 to schedule a free initial consultation.

While law enforcement relies on technology to make assessments of sobriety, sometimes their DUI tests are flawed and inaccurate. A breathalyzer test, for example, may result in a false positive and an unjust drunk driving arrest. Let’s explore the issue in more detail.

What Is a False Positive?

In basic terms, a false positive is a test result that wrongly indicates that a condition is present when it is not actually present. In the case of DUI and sobriety tests, this means that the test you have taken incorrectly finds that your BAC is above the legal limit when it is actually still within the legal limit.

What Kinds of DUI Tests Can Result in a False Positive?

All kinds of DUI tests can lead to false positives. This includes blood, breath, and urine tests. Some of the most common false positives are linked to breathalyzer tests, however. This makes sense since breath is a highly unreliable way to measure the amount of alcohol in a person’s bloodstream.

Causes of False Positive DUIs

There are numerous reasons why false positives may occur with sobriety tests. Some of the most common causes of false positives include:

• Improper Equipment Calibration – When a breathalyzer test is not properly calibrated, this could lead to wildly inaccurate or inconsistent readings with regard to BAC.

• Diet Issues May Affect Results – People who are on low-carb diets or have certain dietary practices may have increased levels of acetone present on their breath. Breathalyzer tests may read the acetone as alcohol.

• Medical Conditions and Medications – Cases of heartburn and acid reflux have been known to procedure elevated BAC results in breath tests. If you are on any medications, this can also lead to issues with DUI test accuracy.

• Timing of the Test – Timing is crucial when it comes to DUI tests. For breath tests, if you vomit or drink within 15 minutes of taking a breathalyzer, your BAC may show up higher. Similarly, blood and urine tests may yield different results depending on when samples are taken and when your last drink or trip to the restroom occurred.

• Environmental Contamination of Samples – If any sample is contaminated by other objects in the environment, it can potentially result in a false positive or an inaccurate result regarding BAC.

• Poor Sample Storage Practices – Blood and urine samples stored for a long period of time or at certain temperatures can affect the results of lab analysis.

• Errors in the Lab – When analyzing blood or urine samples in the lab, various kinds of human error can lead to false positives and generally incorrect test results.

Challenging a False Positive DUI

Challenging a false positive can prove difficult. In order to fight a false BAC reading, you need skilled legal help, such as a DUI defense attorney who has expertise when it comes to inaccurate tests and readings. In a number of cases, challenging a false positive DUI is a way to have charges dropped and penalties reduced if not eliminated outright.

If you feel that you have been unjustly accused of driving while under the influence of alcohol, it’s important to speak with a skilled defense attorney about your case.

Speak with an Experienced DUI Attorney

To learn more about your legal options following a false positive on a DUI test, be sure to contact an experienced DUI defense attorney today. Our team of legal experts will fight to ensure you receive a fair shake from the authorities.