Know the Flaws, Defend Your Freedom.

DUI Breath Test Inaccuracies Expert Defense for Kentucky DUI Breath Test Cases

Breath test inaccuracies could lead to wrongful convictions. Let us challenge the evidence and work toward the justice you deserve.

Understand the Serious Consequences

Understanding Breathalyzer Flaws

Breathalyzers are commonly used by law enforcement to measure a driver’s blood alcohol content (BAC) during DUI stops. However, many individuals are unaware that breathalyzer tests are not always accurate. Several factors can lead to incorrect readings, including calibration errors, the presence of alcohol in the mouth, and even environmental conditions like humidity or temperature. These inaccuracies can result in false positives or inaccurate readings, leading to an unjust DUI charge.

The factors that affect breathalyzer results can vary from person to person, such as body weight, metabolism, and even medications. In some cases, external factors like altitude or improper calibration of the machine can distort the results. If you’re facing a DUI charge based on an inaccurate breath test, it’s crucial to seek legal representation. A knowledgeable DUI attorney can review the test’s circumstances, challenge the accuracy of the results, and help you build a strong defense.

If you’ve been charged with a DUI and suspect that your breath test results may have been inaccurate, don’t hesitate to reach out for a consultation. Contact Josh McIntosh Law today at Call 859-217-4467 or Email Josh McIntosh. Our experienced DUI attorneys are here to review your case and help you protect your rights.

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Calibration Errors: A Common Cause of False Results

Breathalyzers need to be correctly calibrated to ensure accurate BAC readings. If a breathalyzer has not been calibrated properly, or if it is poorly maintained, it can provide faulty readings. Calibration errors can result in false positives, which means you could be wrongfully charged with a DUI even though you’re not intoxicated. Ensuring the breathalyzer is properly serviced and calibrated is crucial in obtaining accurate results.

Mouth Alcohol: A Factor That Can Skew Results

Breathalyzers are designed to detect alcohol in deep lung air, not alcohol remaining in the mouth. However, factors such as burping, belching, or vomiting can introduce alcohol in the mouth, which can lead to a higher BAC reading than is accurate. Additionally, substances like mouthwash, breath mints, or certain medications can affect the results of the test, leading to a false positive reading.

Variability Between Individuals: Different Reactions to Alcohol

Breathalyzer results can vary widely between individuals, even when they consume the same amount of alcohol. Factors like body weight, gender, age, and metabolism all affect how alcohol is absorbed and processed in the body. As a result, two individuals with the same BAC might experience different levels of impairment. This variability makes it important to consider other factors when determining impairment, not just the BAC reading alone.

Environmental Factors: Weather and Location Can Influence Readings

The environment in which a breathalyzer is used can impact its accuracy. Temperature, humidity, and altitude can all affect how the device measures BAC. For example, extreme heat or humidity can cause the machine to overestimate BAC, while higher altitudes can result in an underestimated BAC reading. These environmental influences should be taken into account when evaluating the reliability of breathalyzer results.

What to Do if You Are Facing a DUI Charge Based on Breath Test Results

If you’ve been charged with a DUI based on breathalyzer results, it’s essential to consult with an experienced DUI attorney. A skilled attorney can review the calibration records of the device, assess whether the test was administered correctly, and determine if any inaccuracies were present. If the breath test results were inaccurate, your attorney can work to have the charges reduced or dismissed.

Why Consulting with a DUI Attorney Is Crucial

Breathalyzers are not infallible. If you are facing a DUI charge, you need someone who understands the complexities of DUI testing and can challenge inaccurate results. An experienced DUI attorney can help you build a solid defense by examining the details of the case and uncovering any flaws in the breath test process. Your attorney can help you navigate the legal system and fight for your rights. 

Free Consultation and Financing Available

At Josh McIntosh Law, we offer free consultations for any type of case, including DUI charges. If you are concerned about attorney fees, we also provide financing options for criminal and DUI/OVI cases to help with the costs of your legal defense.

Contact Us Today

If you’re facing DUI charges based on inaccurate breathalyzer results, contact us today to schedule a free consultation with one of our experienced attorneys. Let us review your case and help you understand your options.
Phone: 859-217-4467
Email: josh@joshmcintoshlaw.com

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Recognizing the financial strain legal matters can create, we provide financing options to help with attorney fees. This flexibility allows you to access quality legal representation without the added stress of immediate financial burdens.

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At Josh McIntosh Law, we provide expert legal representation for individuals across Kentucky and Ohio. Our firm is founded on the principles of trust, integrity, and a relentless commitment to achieving the best possible outcomes for our clients. Whether you’re facing criminal charges, recovering from a personal injury, or navigating family law issues, we are here to guide you through every step of the legal process with confidence.

Our founder, Joshua McIntosh, brings years of experience and a deep understanding of the law to every case. With a proven track record in criminal defense, personal injury, and family law, we are dedicated to fighting for your rights. We understand the challenges you face, and our goal is to provide personalized solutions tailored to your unique situation, ensuring that you are always informed and supported.

At Josh McIntosh Law, we believe that no one should face legal battles alone. That’s why we offer free consultations for most cases, as well as contingency fees for personal injury claims, meaning you pay nothing unless we win. Our team is focused on delivering results while treating every client with the care and respect they deserve. If you need a dedicated and experienced attorney, we are here to fight for you.

Accuracy Matters. Justice Prevails.

Protect Your Rights Today!

Don’t let faulty breathalyzer results determine your future. Our experienced legal team is here to challenge inaccuracies and build a strong defense for you. Take the first step toward protecting your rights and freedom.

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Areas of Practice

Criminal Defense

Representing clients in serious criminal cases like assault, homicide, and federal crimes, ensuring strong advocacy and strategic defense.

DUI/OVI Defense

Defending against DUI charges, license suspensions, and related offenses to protect clients’ driving privileges and legal records.

Traffic Offenses

Assisting with traffic violations, CDL issues, and expungement needs to help clients maintain clean driving records.

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Providing compassionate representation in divorce, custody, and support cases, along with guidance on prenuptial and postmarital agreements.

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Representing minors in legal matters, advocating for their rights and best interests in court and settlement situations.

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Advocating for injury victims to secure compensation for damages caused by accidents and negligence, with no fee unless successful.

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A customized plan is developed, ensuring the best approach for success.

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We work tirelessly to achieve the best possible outcome for you.

Quick Answers to Common Legal Concerns

Frequently Asked Questions

Can breathalyzer results be challenged in court?

Yes, breathalyzer results can be challenged in court if there is evidence of inaccuracies, such as improper calibration, machine maintenance issues, or external factors that could affect the results.

What causes a breathalyzer to give false positives?

Factors such as mouth alcohol (from burping, belching, or mouthwash), certain medications, or improper testing procedures can lead to false-positive results on a breathalyzer test.

Are breathalyzer tests always accurate?

No, breathalyzer tests are not always accurate. Calibration errors, environmental factors, and individual variability can all affect the reliability of the results.

Can environmental factors affect breathalyzer readings?

Yes, factors like temperature, humidity, and altitude can impact breathalyzer accuracy, causing either overestimation or underestimation of blood alcohol content (BAC).

What should I do if I believe my breath test results are inaccurate?

If you believe your breath test results are inaccurate, it is crucial to consult with an experienced DUI attorney. They can review the evidence and determine whether the results can be challenged in court.

Can I refuse to take a breathalyzer test?

In Kentucky, you have the right to refuse a breathalyzer test. However, refusal can result in consequences such as license suspension or increased penalties if you are convicted of a DUI. Consulting with an attorney is recommended.

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