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Getting pulled over for signs of drunk driving is inherently stressful. Even if you are perfectly sober, breathalyzer devices can give false positive readings. Therefore, you could end up facing charges despite having a blood alcohol content that is well within the legal limit. If you do find yourself in such a situation, it is wise to call a DUI lawyer as soon as possible. An experienced criminal attorney will be familiar with the causes of inaccurate readings and can gather the proof needed to prove your innocence. Here are just some factors that might apply to your case.

Issues With the Device

Breathalyzer devices can and do malfunction. If the device is not calibrated properly, for example, it will not give an accurate reading. It can also give a false positive if the test is not administered properly. Finally, the device may simply be defective. Because a malfunction could result in criminal charges, it’s essential to take note of everything the officer does prior to administering the test. Write down what you can remember as soon as possible so the DUI lawyer can determine what might have happened. 

Issues With the Sample

Dui lawyerThere are several factors that can cause your breath to produce an inaccurate reading. If your BAC is well below 0.08%, for example, but you sipped alcohol within the last 15 minutes, the residue in your mouth can produce a much higher reading. Certain health conditions, medications, and even foods can produce false positives, as well. Examples include acid reflux, cough syrup, mouthwash, and ripe fruit. 

 

If you are facing charges for driving under the influence and think an inaccurate breathalyzer device is to blame, turn to the Michael A. Newland Law Office. Located in Hamilton, OH, Michael has been defending clients throughout Butler County for more than two decades. When you hire him, you can count on his discretion from day one. You can also count on receiving strategic and compassionate representation without any judgement whatsoever. To request a consultation with a DUI lawyer, visit the website or call (513) 887-9595. 

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