| Most people consider a breathalyzer reading to be | | | | of alcohol in your blood, and this estimation is based on |
| irrefutable evidence when it comes to proving whether | | | | the amount in your lungs and breath. Therefore, if you |
| or not you were driving while your Blood Alcohol | | | | have belched, hiccuped, or vomited within 20 minutes |
| Content (BAC) was elevated past the legal limit. | | | | of testing, this may also increase the BAC readings |
| However, as with all equipment, there is still a margin of | | | | and lead to a Virginia DUI arrest when you were |
| error and many variables that can adversely affect | | | | driving while below the legal limit. |
| the readings of a breathalyzer test. | | | | Your body composition is also an important factor in |
| Causes of Errors in BAC Readings | | | | how your BAC readings are reported. Two people |
| An improperly calibrated breathalyzer can cause the | | | | with a 100-pound weight difference can consume the |
| ratio at which the machine calculates the amount of | | | | same amount of alcohol in the same period of time, |
| alcohol in your blood to fluctuate as much as 1000 | | | | but the lighter person can be affected up to twice as |
| points, causing extremely inaccurate results. General | | | | much as the heavier person. Your metabolism also |
| malfunctions such as low batteries or magnetic | | | | impacts alcohol absorption. Breathalyzers test the level |
| interference with onboard storage media can also | | | | of alcohol as it has been absorbed into the |
| compromise result reports from a breathalyzer unit. | | | | bloodstream, but depending on how fast your |
| The state of your mouth at the time of your BAC | | | | metabolism works, it may not have completely |
| testing also has a huge effect on the readings. | | | | absorbed at the time of testing. |
| Residual alcohol trapped in your mouth within your | | | | Unreliable results can alter court rulings |
| saliva, food caught in your teeth, or residue on your | | | | If your DUI defense attorney can convince a jury that |
| tongue can all increase your BAC readings. | | | | your BAC test was flawed, they're less likely to |
| Breathalyzers also detect the methyl part of a | | | | consider a guilty verdict. With all the variables that can |
| molecule present in alcohol - and many other | | | | affect breathalyzer readings, there's a good chance |
| substances. The machine may be detecting other | | | | that any of the issues listed above affected your |
| chemical compounds that contain methyl besides liquor. | | | | breathalyzer readings. A good Virginia DUI defense |
| For example, use of an alcohol-inclusive mouthwash | | | | lawyer knows what to look for and knows how to |
| has been shown to increase BAC readings. | | | | question this kind of evidence in court. |
| Another major flaw in the breathalyzer unit is that the | | | | With all of these ways the BAC test can be |
| breathalyzer assumes the temperature of your mouth | | | | inaccurate or altered, a breathalyzer BAC reading is |
| is about 93 degrees Fahrenheit. Some studies have | | | | not always considered to be an accurate indicator of |
| shown that individuals arrested for DUI had actual | | | | DUI. While Virginia law does not allow you to deny a |
| mouth temperatures between 93 and 98 degrees, | | | | breath test when suspected of DUI, a blood test can |
| another variable that can negatively influence the BAC | | | | be used if the person accused is unable to submit to a |
| reading. A breathalyzer can only estimate the content | | | | breath test. |