A DWI Lawyer on False Breathalyzer Results

As a DWI Lawyer, it is common to work with clients that took a Breathalyzer test and don’t feel they were that intoxicated.  Each person has an opinion on their tolerance level and what their personal threshold is for excessive drinking.  As a result, many people consent to a Breathalyzer test and are surprised with the results say that they are over the legal limit.What many people don’t know is how easy it is to blow over 0.08%.  Depending on the person even one drink can create a high reading.  You also don’t have to feel drunk in order to be over the legal limit.  That is a common misconception and a mistake that many drivers make.  If you have someone with you that hasn’t been drinking, it is always safer to have them drive.Our law firm has also seen cases where the Breathalyzer test came back over 0.08% in a false positive.  As lawyers who handle DWI cases, we have learned to always ask questions and explore the other reasons a client may have tested over the legal limit.Here are some things you may not know.A Breathalyzer does not test how much alcohol is in your system.  It tests how many things from the methyl group show up. This is a huge difference because a variety of things can elevate your levels of ethyl alcohol.  For example if you were to get paint or gas on your skin it would cause elevated levels for days.  Diabetics will also blow higher levels due to how much acetone is in their bodies.  If you are not diabetic, but are dieting, you could also have higher levels of acetone.  Diets like the Atkins are especially likely to elevate your levels.   Basically, any low carb diet can make your blood alcohol levels appear to be higher than they actually are. The machine can’t tell if it is alcohol you ingested or mouth alcohol.This is particularly important to know because if you are someone that uses mouthwash regularly you could end up penalized for it in the form of a DWI.  Simply gargling with mouthwash prior to leaving the bar can lead to a false results.The first defense in a DWI case is to not drink and drive.  If you have, we are a talented Texas DWI Law firm that can help you to fight the accuracy of your high BAC reading. Call 817-481-1999 for a FREE consultation today.

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