If you have been pulled over on suspicion of driving while intoxicated, you may be asked to take a breathalyzer. Should the results indicate you are above the legal limit for blood alcohol content, don’t panic: As any DUI lawyer will tell you, these tests can give false positives. This makes a DUI or DWI charge based on breathalyzer analysis very hard to hold up in court. Find out why false positives happen in the sections below.

A Guide to False Positives on Breathalyzer Tests

1. External Contamination

If a breathalyzer is subjected to certain environmental factors, it may report false positives. Cleaning supplies, for instance, or residual alcohol debris from previous tests, can make an impact.

2. Incorrectly Calibrated Equipment

The breathalyzer device needs to be correctly set to ensure an accurate reading. If the police officer fails to do this, a good DUI lawyer will raise the red flag.

3. Health Conditions

Certain health conditions can increase the risk of a false positive on the breathalyzer. In the case of acid reflux or heartburn, for instance, the acid in the mouth, stomach, or esophagus can elevate readings. Diabetics, meanwhile, may have acetone on their breath if they aren’t properly managing their condition.

4. E-Cigarettes

More and more people have turned to vaping as an alternative to smoking. The chemicals in certain e-cigs—menthol, in particular—can actually interfere with the results of your breathalyzer.

5. Premature Test Administration

If the test is given shortly after a person has been drinking, the device may pick up on alcohol residue in their mouth. For correct results, it’s required to wait at least 15 minutes after a person has had their last drink. This countdown needs to be restarted if the person burps or vomits.

If you are facing drunk driving charges, consult an attorney. With a strong defense, they may be able to get the charges dropped—or at least mitigate the consequences. For an experienced DUI lawyer in Hamilton, OH, trust the  Michael A. Newland Law Office. With over 25 years of experience, this attorney provides comprehensive legal services. Whether you need a criminal attorney or help drafting a will, he can help. You can learn more about his experience online. For an appointment with a DUI lawyer, call (513) 887-9595.