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.

We’d like to take a moment to consider DUI blood tests, a type of chemical sobriety assessment, with a particular focus on what happens if you refuse to take a blood test.

About Blood Tests in DUI Cases

A blood test involves officers drawing blood from you at the police station and then analyzing the blood sample to measure BAC (blood alcohol concentration). This is more accurate than non-scientific than field sobriety tests, and a much better level of intoxication than a breathalyzer test or a urine test.

Flaws of DUI Blood Tests

Even though blood tests are on the surface a more scientific and accurate measure of sobriety, they are not always an ideal measure. Blood samples may become contaminated from improper handling and storage, and issues with the act of drawing blood itself may result in a false positive. In addition, issues may occur with the forensic lab and the technicians. Human and mechanical error can make a major difference.

Is It a Good Idea to Refuse Taking a Blood Test?

As we said about refusing breathalyzer tests, this is generally not a good idea.

If you refuse to submit to chemical tests during a drunk driving arrest, you are subject to a number of penalties, which can make matters much worse for you.

An Issue of Implied Consent

At the heart of this issue is the matter of Implied Consent. According to Arizona’s Implied Consent laws, anyone operating a vehicle at the time of a traffic stop can be subjected to some sort of test to assess BAC.

Consequences for Refusing to Take a Blood Test

If you refuse to submit to a BAC test, there is a strict procedure that’s followed by Arizona law enforcement. Drivers are placed under arrest and must have their drivers licenses taken away. Drivers will be issued a temporary driving permit good for 90 days. The arresting officer will make a sworn report detailing the driver’s refusal to take a chemical test.

The driver’s license will be suspended for at least 1 year for refusing to take a chemical test. After 90 days of license suspension, the driver can request the installation of an ignition interlock device, which is a mini-breathalyzer in the car. The vehicle will not be able to start unless the ignition interlock device has been blown into and the driver demonstrates sobriety.

More Severe Consequences for Refusing to Take a Blood Test

The duration of the license suspension will depend on how many offenses a driver has within in 7-year period. The suspension lengths are as follows:

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  First Offense – 1-year suspension
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  Second Offense – 2-year suspension
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  Third Offense – 2-year suspension

Learn More About Your Legal Options

For more information about your legal options following a drunk driving arrest, be sure to contact an experienced drunk driving defense attorney today. By speaking with the team at The Law Office of James Novak, you will learn about your legal rights and how to properly exercise them.

Many of our clients have questions about “implied consent” and how it applies to their case. Let’s go over the basics of this right now.

What Does “Implied Consent” Mean?

Basically, an implied consent law means that if a person receives a driver’s license, he or she gives consent to submit to a field sobriety test or chemical test in order to determine intoxication. Simply by getting a license, you agree to take these sobriety tests under appropriate circumstances.

There are laws like this in states all across the country, and Arizona is no exception.

An Example of Implied Consent

Say you are driving home late on a Friday night and you are pulled over. The officer has a reasonable suspicion that you may be driving while under the influence. The officer may have seen a vehicle weave or change lanes erratically, or the officer may smell alcohol on a driver’s breath upon asking for license and registration.

Implied consent means that the officer can ask you to submit to a sobriety test and that by having a driver’s license you consent to taking said test or tests.

Implied Consent and Refusal to Take Sobriety Tests

While implied consent is a given when you receive a driver’s license, a driver can refuse to submit to sobriety tests. Should that occur, however, you will be subject to harsher penalties upon arrest. The main penalty is that you will have to surrender your driver’s license upon arrest and it will be suspended for at least a year.

If you are pulled over again for drunk driving and refuse a sobriety test again, your driver’s license will be suspended for two years.

Should I Refuse a Sobriety Test?

Given the implied consent laws in this country, lawyers, law enforcement, and legal experts have debated this question at length over the years.

In many ways, refusing to take a field sobriety test does not help your case, and it’s no guarantee that you will avoid a DUI conviction.

On the other hand, some DUI lawyers say that you should at least refuse to take the field sobriety test (which does not scientifically measure your BAC) and the breathalyzer test (which is an inaccurate assessment of alcohol in the bloodstream). Refusing to take a blood test upon arrest while at the station, however, will require you to surrender your license. Even if you refuse, officers can obtain a search warrant as a formality and then subject your to a blood test.

What You Should Do During a Traffic Stop

If you are pulled over and suspected of drunk driving, it’s generally in your best interest to make the traffic stop as problem-free as possible. This means pulling over, turning off your vehicle, opening your windows, and keeping your hands on the wheel where the officer can see them. If there are passengers in the vehicle, ask them to remain silent and keep their hands visible.

When interacting with the officer, be polite and respectful, but do not admit to anything. Do not consent to vehicle searches since there is no search warrant, and avoid trying to talk your way out of the situation.

If asked to take a field sobriety test, you may refuse, though it’s generally not in a driver’s best interests to refuse a blood, breath, or urine test if asked to do so.

Learn More About Your Legal Rights in DUI Cases

For more information about your legal rights following a DUI arrest, it’s important that you contact a skilled DUI and criminal defense lawyer today. Attorney James Novak will help you make smart choices when it comes to all of your legal options.