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On Behalf of The Foley Law Firm | April 26, 2018

Breathalyzer tests are not as accurate as most people think they are. In fact, criminal courts and criminal court judges are well aware of just how inaccurate these devices happen to be. For this reason, numerous defendants are able to successfully have their Breathalyzer test results thrown out of court, so they can't be used as evidence against them in drunk driving lawsuits. This is not possible in all cases, but in some cases, it certainly is.

Here are a few common situations that could cause a Breathalyzer test to render completely false result:

Foreign substances in the mouth

All kinds of foreign substances found in the test subject's mouth could render false results on a Breathalyzer test. Alcohol vapor, mouthwashes, breath fresheners and even toothache medicines might have enough alcohol in them to trigger a bad reading on these devices.

Poor calibration of the devices

Police need to maintain their Breathalyzer devices so they continue to have the best results possible. The calibration of the devices, however, is a task that police might forget to carry out. The batteries of Breathalyzers also need replacement. All of this should be recorded on the maintenance logs associated with the device, and if it's not, it could be proof that the device didn't produce an accurate result.

Other environmental factors

The presence of different foreign substances like varnish, paint or other chemicals could cause a Breathalyzer test to malfunction.

Other factors could cause a Breathalyzer test to issue a false result. Make sure you've looked at all the elements surrounding your Breathalyzer test to see if you can have it thrown out as evidence in your drunk driving case.

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