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Arrested For Drunk Driving? Why Your BAC / Breath Test Results Might be Wrong! (Pt 2)

Welcome back and thanks for joining us for this discussion about BAC results in Michigan, and the reasons why that breath test might actually be wrong next time you get stopped for drunk driving. As if being arrested isn’t bad enough! Turns out, between the financial cost involved, the time it takes out of life, and the things you can lose as a result (like your job, and your standing in the community), being arrested for a DUI in Lansing, Jackson or Potterville is a really big deal. But it doesn’t have to be.

A police officer standing next to a car, collecting a breath sample from a driver through the window

As we mentioned in the previous article, there are a number of reasons why your drunk driving arrest may not even be valid. For example, improperly maintained equipment (which is a very real possibility here in Michigan) and good ol’ user error account for a significant number of faulty DataMaster results. Remember that we do not use the Breathalyzer equipment here in Michigan. Instead, we use a DataMaster machine. But those aren’t the only ones you need to keep an eye out for. Check out these other common reasons why your Fowlerville or Webberville breath test results might not be as reliable as you’d think.

3. Blood Alcohol Concentrations in Your Blood Rise Over Time

This is a bit of a tricky one, but it’s a valid concern that has been raised in the past, so it’s worth considering. Consider this: You go out with a group of friends, have a few drinks at a local tavern in St. John’s, and then head home to bed. You’ve certainly enjoyed a few drinks (that’s not up for debate) however technically, at the time you left the bar, your BAC was still below Michigan’s legal limit of .08. But along the way you get pulled over for suspected drunk driving. Whether you’re in Ovid, Howell, or anywhere else in Michigan’s lower peninsula, it’s not going to be fun.

Maybe you were messing with your radio, so you weren’t paying attention and your tires crossed the centerline. Or maybe an oncoming vehicle’s lights blinded you for a moment and you veered in your lane. Whatever the cause, a cop pulled you over and made you get out and do a roadside field sobriety test. Based on your balance (or attitude) they may have decided you’d had one too many and taken you back to the station to do a breath test. And by the time you were finally tested, your BAC had risen above the legal limit. So would you have made it home before that happened, if the cops didn’t pull you over and drag you through the lengthy arrest and testing process? Hard to know…

4. Body Chemistry Can Affect BAC Results

Everyone’s body is different. Which means that all sorts of foods, medicines, and other substances can affect your personal chemistry. And obviously, your unique body chemistry will react with alcohol (which is just another chemical, when you think about it) in ways that are specific to you. But that could mean your BAC results are skewed, based on meds you may be taking, medical conditions you have, body mass index or foods you’ve eaten recently. For example, here are some items that can impact your breath test results and mislead the cops in thinking you were intoxicated:

  • Sucking on certain types of breath mints
  • Certain types of diets (like the keto diet, and other low carb diets)
  • Recent use of mouthwash, or brushing your teeth
  • Burping, hiccuping or even vomiting
  • Hypoglycemia (also known as low blood sugar)
  • Being diabetic, or suffering from GERD

If you’re hoping to mislead the breath test machine intentionally, however, we want to advise you against it! And in case you were curious – sucking on pennies DOES NOT disguise alcohol on your breath. Sometimes during a drunk driving trial, experienced defense lawyers do an “extrapolation” that shows that the BAC was rising during the delays that occurred between the stop and the breath test. 

Are you concerned about the accuracy of your BAC results?

If you’ve been arrested for drunk driving in Charlotte, Lansing, Leslie or Jackson, you’re going to need help from an expert who understands the many ways BAC results can be flawed. The skilled DUI defense team at The Kronzek Firm, we’ve spent decades helping the people of Michigan fight for their driving rights, and protect their reputations. We can help you too. If you’re facing DUI charges, and you’re concerned that your BAC results may not be accurate, call 866 766 5245 (866 7No Jail). We’re available 24 hours a day, 7 days a week to help. So don’t wait – call now and make sure your future is being defended by one of Michigan’s best drunk driving defense teams.

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