People tend to trust forensic evidence, such as chemical test results, in criminal cases. However, chemical analysis is not always as accurate as people believe. Numerous factors can influence the accuracy of different testing systems, including the breath tests frequently used during Massachusetts operating under the influence (OUI) traffic stops.
Breath tests estimate the blood alcohol concentration (BAC) of a driver based on the molecules present in an exhaled sample of air. If they are over the legal limit, they may face immediate arrest and OUI charges. Numerous concerns can potentially undermine the accuracy of chemical breath tests, including the five common influences below.
1. Calibration issues
Police departments must regularly maintain breath test units to ensure accurate results. Regular calibration is of the utmost importance for accurate test results. Outdated software or improper officer training can also undermine the accuracy of breath test results.
2. Prescription medications
Certain medications can cause false positives or elevated readings on chemical tests. For example, many asthma inhalers can impact the accuracy of breath tests.
3. Unmanaged blood sugar
Those with unmanaged diabetes and those who are pre-diabetic are at risk of failing a breath test or having a false positive result due to the acetone produced by the physical state of ketoacidosis. Specialty diets, such as the keto diet, can also result in inaccurate tests by placing a person in a state of ketoacidosis.
4. Acid reflux conditions
Those with digestive medical issues, including acid reflux disease and gastroesophageal reflux disease (GERD), may produce inaccurate breath test results due to stomach contents rising in the esophagus and impacting test accuracy.
5. Personal hygiene practices
No one wants bad breath, especially when making a first impression on someone in a position of authority. Using mouthwash or a breath spray before an officer approaches the vehicle can introduce alcohol to the driver’s mouth that can impact the accuracy of test results.
Recognizing the factors that could have compromised breath test accuracy can help those facing OUI charges. A review of the state’s evidence and factors that might undermine the reliability of that evidence with the assistance of a skilled legal team can be important components of an effective drunk driving defense strategy.