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Don't accept a false-positive result from a Breathalyzer test

You're absolutely sure you weren't driving while impaired. Maybe you had a single glass of wine with dinner several hours ago or maybe you didn't have anything to drink, but you never would have gotten behind the wheel while intoxicated. Yet, a simple traffic stop turned into a nightmare when the officer asked you to take a Breathalyzer test and the results came back positive and over the legal limit.

When the Breathalyzer says you're drunk, but you aren't, is there any way you can prove the Breathalyzer is wrong?

Absolutely. It may take an experienced attorney to fight a charge of driving while intoxicated (DWI) when the Breathalyzer is against you, but false-positives can (and do) happen. Many of the devices in use are poorly designed, badly maintained, unsophisticated devices that cannot tell the difference between the kind of alcohol you find in a drink and various types of ethyl alcohol compounds that can occur in the body through other means.

Here are some common reasons for a false-positive Breathalyzer result:

  • Gastroesophageal-reflux disease (GERD)
  • Heavy exposure to paint fumes or gasoline through your job
  • Hypoglycemia (low blood sugar)
  • Uncontrolled diabetes
  • Eating yeast from some forms of pizza dough, pastries or bread
  • Vinegar dressing on the salad you had for dinner
  • A diet heavy in fruit or fruit-based drinks
  • Energy drinks that contain ethanol
  • The vanilla that is often used in bakery products
  • Certain candies, mints, breath fresheners and mouthwashes
  • Over-the-counter cold remedies, like Nyquil

If you believe the Breathalyzer is dead wrong, don't waste your next breath trying to convince the officer who pulled you over. Call a DWI attorney for assistance immediately. Our office will be glad to discuss your case and how we might be able to help you.

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