Let’s face it, many people who are arrested for DUI and test positive later claim that they weren’t drinking. For some of these people, that will be the exact truth. These people desperately need the services of the Best DUI Lawyer in Newton KS. The police report states that they were intoxicated, based on the results of the tests. They stand to lose much of what is important to them.
There are a number of factors that can cause a false positive on a breathalyzer test. Talk to the Best DUI Lawyer in Newton KS to learn more about how these factors might be relevant to a particular case.
Medical Issues
Is the driver diabetic? A driver with low blood sugar, or hypoglycemia, will often appear to have been drinking. The driver can exhibit confusion, slurred speech and balance problems. The breathalyzer will record a false positive because of acetone produced by the body when hypoglycemic. Other medical issues that can cause a false positive include Lyme disease and yeast infections.
Diet
High protein, low carb diets as well as not eating anything for over 24 hours can both give a false positive.
Smoking
Smokers can also record a false positive because of how the liver metabolizes tobacco.
Mechanical Problems
Every mechanical device can malfunction, including a breathalyzer. If it has not been properly calibrated or maintained, the unit can give a false positive. Records must be produced in court showing that this particular breathalyzer has been kept in good working order. If such records cannot be produced, the test does not count.
Personnel Problems
All officers have not been trained to properly administer a breathalyzer test. Did the officer observe the driver for 15 minutes prior to the test? Was there something in the atmosphere that could affect the test, such as a considerable amount of exhaust from passing vehicles? Did the driver do something or did something occur during the observation period that would affect the test? The observation period should also be properly documented.
Rocky Wiechman Law has been aggressively defending the rights of clients for over 23 years. Visit the website to learn how this experienced DUI lawyer can fight to protect your rights. Time is passing. Contact the office today to schedule a free consultation to discuss your case.
