Drunk Driving Test

Can a DUI Test Result
in a False Positive?

Guilfoil Law Group March 2, 2022

On suspicion of driving while under the influence, a police officer may stop your vehicle and request that you take a roadside Breathalyzer test. Unfortunately, Breathalyzer tests are not always accurate when measuring a driver's blood alcohol concentration (BAC). Due to some underlying circumstances, a Breathalyzer test may give a false positive. If you're facing DUI charges as a result of a false-positive test result, retaining a skilled Missouri criminal defense attorney is imperative to help build your defense.

At Guilfoil Law Group, I'm committed to providing comprehensive legal guidance and vigorous representation to clients facing DUI charges. As your legal counsel, I can review the surrounding facts of your case, investigate what might have caused the false-positive result, and determine the best defenses for your unique situation. Using my extensive experience, I will fight aggressively to defend your rights and help keep your record as clean as possible. My firm proudly serves clients in Kansas City, Clay County, Platte County, Jackson County, and surrounding areas throughout Missouri.

False Positives for DUI Tests

Breathalyzer tests, also known as blood alcohol tests, are used by police officers on individuals suspected of drunk driving to measure the level of alcohol in their blood. However, just like all other machines, Breathalyzers are not perfect, and the tests aren’t always accurate.

On certain occasions, the Breathalyzer test may give a positive result even when you weren't drinking alcohol. Unfortunately, this may result in a DUI arrest or charge. However, that doesn't mean you should accept the false-positive test result without a fight. An experienced DUI/DWI attorney can help contest the validity of the Breathalyzer test result, dispute the allegations, and attempt to establish your innocence.

Possible Reasons for a False Positive

Here are some reasons why a Breathalyzer test may issue a false-positive result even when you weren't drinking:

  • Calibration of Equipment: For the Breathalyzer to function properly, the device must be properly calibrated. If the police officer fails to calibrate the Breathalyzer appropriately, it may issue a false-positive test result.

  • Medical Conditions: Gastrointestinal medical conditions, including acid reflux or heartburn, may also result in false-positive readings. If you have any of these medical conditions, you may have valid grounds to contest the test results.

  • Medication: Certain medications and drug prescriptions, including cold medications, antidepressants, and quinolone antibiotics, can increase the possibility of false-positive results on Breathalyzer tests. If you take any of these medications before driving, it may lead to a positive result for the DUI test.

  • Mouth Contaminates: Having acid in your mouth, esophagus, or stomach may cause your BAC levels to increase, thereby causing a false-positive test reading.

  • Food/Drinks: Some non-alcoholic or fermented food and drinks may enable the Breathalyzer test to give false-positive readings. For example, ripe fruits, protein bars, pecans, and energy drinks may destabilize your BAC or mess with the Breathalyzer test.

If you or someone you know is facing DUI charges due to a false-positive test result, you need to reach out to a skilled criminal defense attorney immediately. Your lawyer can investigate the reasons for the Breathalyzer false positive and strategize an effective defense to fight your charges and help you avoid the devastating legal consequences of a criminal conviction.

Don't Risk Your Future. Call Today.

The result of a Breathalyzer test can have a colossal impact on your life, liberty, personal reputation, and future opportunities. However, just because the Breathalyzer test gave a positive reading doesn't mean you should accept the test's conclusion blindly and without a fight. Therefore, when facing DUI allegations, you need to hire an aggressive criminal defense attorney for proper guidance and to strategize your defense.

At Guilfoil Law Group, I have devoted my career to defending and representing individuals wrongfully accused of drunk driving due to a Breathalyzer false-positive result. As your legal counsel, I will evaluate and investigate every last detail of your case and craft an effective strategy to fight the allegations against you. Also, I will question the validity and accuracy of the Breathalyzer test and refute the allegations against you with factual evidence. Using my in-depth legal knowledge, I will help you navigate the Missouri criminal justice system and ensure that you receive fair treatment.

Blindly accepting the Breathalyzer test results means you are putting your future at risk. Contact my firm – Guilfoil Law Group – today to schedule a simple case assessment with a knowledgeable DUI/DWI defense attorney. I can offer you the effective legal counsel and reliable representation you need to fight your DUI charges and avoid serious legal consequences. My firm proudly serves clients in Kansas City, Clay County, Platte County, Jackson County, and surrounding areas throughout Missouri.