Feature Article
Why a False Positive on a Breathalyzer Test Can Result in a DUI Charge in Arizona
Imagine being pulled over by an officer and being asked to take a breathalyzer test. You confidently blow into the device, only to find out that you tested positive for alcohol even though you had not been drinking. This situation, known as a false positive on a breathalyzer test, can have severe consequences. In Arizona, it can lead to a DUI charge.
What does a false positive on a breathalyzer test mean?
A false positive on a breathalyzer test occurs when the device shows that a person's blood alcohol content (BAC) is over the legal limit of 0.08%, even though the person has not consumed any alcohol. This can be caused by a variety of factors, including medical conditions such as acid reflux, certain diets, or even certain medications.
The consequences of a false positive
A false positive on a breathalyzer can have severe consequences, particularly in Arizona, where the DUI laws are strict. Even if a person's BAC is actually below the legal limit, they can still be charged with DUI if the officer believes their driving ability was impaired in any way. This means that a false positive on a breathalyzer test can result in a DUI charge, which can lead to hefty fines, license suspension, and even jail time.
Challenging a false positive breathalyzer test
If you have been charged with a DUI based on a false positive breathalyzer test, it is important to understand that you have the right to challenge the accuracy of the test in court. There are several ways in which a breathalyzer test can be contested, including:
- Questioning the device's calibration
- Challenging the administration of the test
- Presenting evidence of a medical condition or diet that could have influenced the results
If successful, these challenges can result in the DUI charges being dropped or reduced.
What to do if you receive a false positive on a breathalyzer test
If you receive a false positive on a breathalyzer test, there are several steps you should take:
- Remain calm and polite when speaking with the officer
- Inform the officer of any medical conditions or medications that could have influenced the test results
- Request an independent blood test to verify the results
- Contact a DUI lawyer as soon as possible to discuss your options
Remember, receiving a false positive on a breathalyzer test does not necessarily mean that you will be convicted of a DUI. With the help of an experienced DUI lawyer, you can challenge the test results and protect your rights.
The Bottom Line
A false positive breathalyzer test can result in a DUI charge in Arizona, even if a person's actual BAC is below the legal limit. However, these charges can be challenged in court. If you have received a false positive on a breathalyzer test, it is important to remain calm, inform the officer of any medical conditions or medications that could have influenced the results, and contact a DUI lawyer as soon as possible to discuss your options.
