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FREE CASE EVALUATION
25 Things That Could Have Made Your Breath Test Results Completely Inaccurate
The Prosecuting Attorney's West Virginia DUI case against you hinges on a
few things. A major one is the results of your breath test (BAC). But the BAC
results can be wrong. If so, this could help your West Virginia DUI DWI
defense a great deal.
It could possibly even result in your charge being dismissed.
(But be warned, it's going to take a DUI defense lawyer who's knowledgeable
in the science behind the breath test to effectively challenge the breath test
results.)
Herežs why the breath test results can be wrong.
- Your body temperature at the time of testing
- Burping shortly prior
to the test
- Tongue studs or other oral jewelry
- The presence
of any removable substance or object in your mouth which you werenžt born with
during the test
- Removable dental fixtures (plates, partials,
etc.)
- Any food item in your mouth at the time of testing
- The
presence of some non-alcoholic beverages in your mouth (ex. Diet Sprite)
- Mouthwash
- Acid Reflux disorder
- Heartburn
- Your
actual rate of metabolism compared to the 'average' value the machine assumes
you have
- Blood in your mouth
- Blowing saliva into the breath
machine
- Working around certain types of chemicals which you may have
inhaled over a long enough period that they come out in your breath sample
- Being diabetic
- Strictly following the Atkins diet or other
low-carbohydrate diets
- Inhaling the powder that vehicle air bags are
packed in following an accident with air bag deployment
- Blowing longer
than is required for the machine to get a sufficient sample (in spite of what
the officer may be telling you at the time of the test)
- Providing
multiple samples without the officer changing the mouthpiece each time you give
a sample
- A breath machine that is out of calibration
- Use, by
anyone, of a cell phone at or near the time of the test
- Transmissions
on police radios at or near the time of the test
- A malfunctioning
breath machine (malfunctions aren't always known by the police)
- Improper use of the breath machine by the officer
- The officer's
failure to follow all of the required steps for use of the breath machine
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