Prosecutors need verifiable evidence to justify the criminal charges they pursue. In scenarios involving allegations of drunk driving, many people consider chemical tests the gold standard.
If a driver fails a chemical test, other people may automatically assume that they are guilty of a drunk driving offense. While it is true that some drivers who fail chemical tests are over the legal limit for their blood alcohol concentrations (BACs), others may have failed the test due to factors unrelated to their alcohol consumption. As such, questioning test accuracy can be a viable defense strategy for some motorists.
Inaccurate results are common
Breath tests are far from perfect. If police departments don’t routinely calibrate the devices and ensure that their software remains updated, the results they produce in the field may not be reliable. Proper training of officers regarding test administration is also critical.
Even well-maintained breath test units can return inaccurate results. The machines used to test exhaled air can respond to other chemicals, such as acetone on the breath of a person experiencing diabetic ketoacidosis. In some cases, rare medical conditions can impact the accuracy of breath testing.
Certain medications can also cause false positives. Specialty diets and even oral hygiene products could also cause false positive test results. Those facing impaired driving charges can potentially exonerate themselves by working with a lawyer to explain unique circumstances during a criminal trial.
Fighting drunk driving charges by questioning the accuracy of test results can be an effective defense strategy under certain circumstances. Motorists who want to avoid convictions may need help raising questions about the reliability of their chemical test results, and that’s okay.
