A breathalyzer test measures the amount of alcohol in the air you breathe out. It gives law enforcement an estimate of your blood alcohol content (BAC), which should be under 0.08% in New Jersey.
However, breathalyzers have a margin of error, which means they are not always accurate. In some cases, a breathalyzer test can result in a false positive, whether you consumed alcohol or not.
Still, a positive breathalyzer result can have a significant impact on your case. Below are some important answers that might provide some clarity.
What can cause a false positive on a breathalyzer?
As mentioned, these devices are not 100% accurate all the time. Several factors can lead to a false positive, such as:
- Mouth alcohols: Burping, dental materials, oral hygiene products and residual alcohol in the mouth can inflate your readings.
- Medical conditions: Certain medical conditions can cause alcohol to come out through the mouth, such as diabetes, acid reflux and gastroesophageal reflux disease.
- Diet and substances: Following a ketogenic diet can increase acetone in your body, which a breathalyzer can mistake for alcohol. Fermented foods and energy drinks may also elevate your readings.
- Improper calibration: Police departments must calibrate breathalyzers correctly and regularly. Failure to do so may lead to inaccurate results.
Most police officers will not rely on a positive breathalyzer test to issue a ticket or take someone into custody. Unless you are visibly intoxicated, officers may ask you to do a field sobriety test or undergo blood and urine tests.
Can you get charged solely because of a breathalyzer result?
It is possible, but it may be unlikely if you were legitimately sober during the traffic stop. Officers usually need probable cause to administer a breathalyzer test, such as swerving or running through red lights. The result of the breathalyzer often becomes the key evidence for a DWI charge.
Blood and urine tests are also far more accurate than breathalyzers. If you pass these tests, a charge is highly unlikely.
However, a false positive can complicate your case if you did have some alcohol in your system at the time, but not enough to be inebriated. In such situations, consider seeking legal counsel who can help review all the evidence and develop a strong defense for your case.