Getting pulled over after having a drink can be nerve-wracking — especially if you’re asked to take a breathalyzer test. You might be wondering, how can I pass a breathalyzer test and avoid a DUI charge?
To improve your chances of passing a breathalyzer, avoid drinking before driving, wait several hours per drink, stay hydrated, and skip alcohol-based products like mouthwash.
As a criminal defense attorney with decades of experience handling DUI cases, I’ve seen how breathalyzer results can make or break a case — and how some drivers accidentally spike their BAC without realizing it. In this article, I’ll break down what influences a breathalyzer reading and what you can realistically do to protect your rights before one is ever administered.
Understanding Breathalyzer Technology
Breathalyzer devices analyze your breath to estimate your blood alcohol content (BAC). They operate on the principle that alcohol in the bloodstream is transferred to the lungs and exhaled in breath.
- How Breathalyzers Work
- Fuel Cell Technology: Most modern breathalyzers use fuel cell technology, which oxidizes alcohol in the breath, producing an electrical current proportional to the alcohol concentration.
- Infrared Spectrometry: Some devices use infrared spectrometry, which measures the absorption of infrared light by alcohol molecules in the breath.
- The Process: A breath sample is collected, analyzed, and the BAC is displayed as a numerical value.
- Factors Affecting Breathalyzer Accuracy
- Calibration: Regular calibration is essential for accurate readings.
- Temperature: Extreme temperatures can affect device performance.
- Medical Conditions: Certain medical conditions may influence results.
- Recent Alcohol Consumption: Residual mouth alcohol can briefly elevate BAC readings.
Types of Breathalyzer Devices and Their Operation
Understanding the specific types of breathalyzer devices used by law enforcement in Michigan is crucial. These devices vary in technology and accuracy, which can influence test results.
- Fuel Cell Devices:
- These are the most common type used by law enforcement. They oxidize alcohol in the breath, producing an electrical current proportional to the BAC.
- Models like the Intoxilyzer 9000 are widely used for their accuracy and reliability.
- Infrared Spectrometry Devices:
- These devices measure the absorption of infrared light by alcohol molecules in the breath.
- They are often used in stationary settings due to their size and complexity.
- They are less prone to interference from other substances.
- Preliminary Breath Tests (PBTs):
- These are portable devices used roadside by law enforcement.
- They provide quick estimates of BAC, but are not admissible as evidence in court.
- Evidentiary breath tests are conducted at police stations, and those results are admissible in court.
The Partition Ratio and Its Influence on BAC Calculations
The partition ratio is a critical factor in breathalyzer calculations. It represents the ratio of alcohol in breath to alcohol in blood, typically around 2100:1.
- How It Works:
- Breathalyzers use this ratio to convert breath alcohol concentration to estimated blood alcohol concentration.
- Variations in this ratio can affect accuracy, as individual physiology can influence it.
- Implications:
- Understanding the partition ratio helps in challenging breathalyzer results, as it highlights potential variability.
- This is especially important in court proceedings when accuracy is questioned.
The 15-Minute Observation Period and Interfering Substances
Proper breathalyzer testing requires adherence to specific procedures, including a 15-minute observation period. Additionally, certain substances can interfere with test results.
- 15-Minute Observation Period:
- Law enforcement must observe the individual for 15 minutes before administering the test.
- This ensures no residual mouth alcohol from recent drinks, regurgitation, or other sources affects the reading.
- This is a highly contested point in many court cases.
- Potential Interfering Substances:
- Mouthwash, breath sprays, and certain medications can contain alcohol and elevate readings.
- Medical conditions like GERD can also introduce alcohol into the mouth.
- Environmental factors, like fumes from certain chemicals can also alter test results.
Rising BAC and Legal Standards for Accuracy
Understanding how BAC changes over time and the legal standards for breathalyzer accuracy is crucial in OWI cases.
- Rising BAC:
- BAC continues to rise for a period after alcohol consumption stops, typically 30-90 minutes.
- A breathalyzer test taken shortly after driving may not reflect the driver’s BAC at the time of operation.
- Legal Standards for Accuracy:
- Michigan has specific standards for breathalyzer calibration and maintenance.
- Regular calibration and certification are required to ensure accuracy.
- Deviations from these standards can be grounds for challenging test results.
- The devices must be maintained by certified technicians.
Legal Considerations and Refusal of Breathalyzer Tests
In Michigan, like many states, there are legal implications associated with breathalyzer tests. Understanding your rights and responsibilities is crucial.
- Implied Consent Laws
- Michigan’s implied consent law means that by driving in the state, you agree to submit to chemical testing if suspected of OWI.
- Refusal can result in automatic driver’s license suspension and other penalties.
- Legal Consequences of Refusal
- Automatic license suspension.
- Potential for additional fines and court costs.
- Use of refusal as evidence in court.
- Admissibility of Breathalyzer Results
- Breathalyzer results are admissible in court, but their accuracy can be challenged.
- Defense strategies may involve questioning the device’s calibration, maintenance, or the testing procedure.
- What happens if you refuse a breathalyzer in Michigan? Automatic license suspension and potential court penalties.
Challenging Breathalyzer Results and Legal Defense
If you face OWI charges based on breathalyzer results, legal defense strategies can be employed to challenge the evidence.
- Challenging Device Accuracy
- Reviewing calibration and maintenance records.
- Examining the device’s operating conditions.
- Investigating potential malfunctions.
- Questioning Testing Procedures
- Ensuring the officer followed proper protocols.
- Identifying any procedural errors or omissions.
- Medical and Physiological Factors
- Presenting evidence of medical conditions that may affect results.
- Demonstrating potential for residual mouth alcohol or other physiological influences.
The Importance of Legal Counsel
Facing OWI charges involving breathalyzer evidence can be complex. Legal counsel is essential to protect your rights and explore all possible defense strategies.
- Expert Legal Representation
- Understanding Michigan’s OWI laws and procedures.
- Developing a tailored defense strategy.
- Protecting Your Rights
- Ensuring your rights are upheld throughout the legal process.
- Advocating for the best possible outcome.
Why Choose D.G. Moore for Your OWI Defense?
As an experienced criminal defense attorney in Michigan, D.G. Moore, I provide comprehensive legal representation for OWI cases. I understand the intricacies of breathalyzer evidence and will work diligently to protect your rights.
- Proven Track Record
- Successfully defending clients facing OWI charges.
- Expertise in challenging breathalyzer evidence.
- Client-Centered Approach
- Personalized attention to your case.
- Commitment to achieving the best possible outcome.
Take Action Today and Secure Your Defense
If you are facing OWI charges involving breathalyzer evidence, prompt legal assistance is crucial. Call D.G. Moore today at 269-808-8007 for a free, no-obligation consultation. I will assess your situation and provide the legal guidance you need.
Further Reading:
- Can You Refuse a Breathalyzer in Michigan?
- Can Police Search Your Car Without a Warrant in Michigan?
- Are DUI Checkpoints Legal in Michigan?
- What is 3 Times Over the Legal Limit of Alcohol?
Resources:
- National Institute of Standards and Technology (NIST)
- National Highway Traffic Safety Administration (NHTSA) – Breath Alcohol Testing Devices
- The American Academy of Forensic Sciences (AAFS)