If you are pulled over for a suspected DUI, you may be asked to submit to a blood alcohol content (BAC) test, the most common of which is the breathalyzer. It is frightening to be asked to take a breathalyzer test, especially if you have been consuming alcohol. Many times, one's first reaction is to refuse the test. However, as refusing the breathalyzer will automatically result in serious consequences, it may be in your best interest to take the test, even if you have been consuming alcohol.
Breathalyzers commonly have inherent inaccuracies which may be brought to light in a DUI trial. If the test is proven to be flawed, then you may be found not guilty.
Sources of Breathalyzer Inaccuracies
Studies have shown that breathalyzer tests can actually have up to 15% error rate in their readings. These inaccuracies may arise from a number of different factors.
Since breathalyzers are not direct blood tests, they must use a conversion factor with their readings in order to estimate one's BAC level. This factor is often based off of the “average” person. However, if you are not the average person, then your breathalyzer reading could be significantly off.
Some machines are calibrated for each individual situation in order to reduce the potential level of inaccuracy. However, if the test administrator calibrates the breathalyzer incorrectly or fails to recalibrate it before the next subject, then the results can be quite erroneous.
If you have been charged with DUI after taking a breathalyzer test, then an experienced and skilled DUI defense attorney may be able to help protect you and your legal rights. Contact the Seattle DUI lawyers of Cowan Kirk today at 1-866-822-1230 to speak with an attorney about getting the help that you need.