Police may pull over a driver for suspected intoxication and request that they undergo testing. This can involve blood, breath, or urine samples, although breath tests are the most common method of measuring intoxication. While a driver has the right to refuse these tests, their refusal can come with legal consequences.
After a traffic stop and arrest, talk to an attorney about blood and breath testing in Shelton DUI cases. The lawyers at Ruane Attorneys could advise you on your rights and legal options for building a defense based on the test results.
Rising Blood Alcohol Content
Under Connecticut law, the police must take two breath tests at least 10 minutes apart. In many cases, the second test may show a higher level of blood alcohol content, indicating that the person’s BAC is rising. The police can also take two urine samples, although these tests are much less scientifically reliable. In rare cases, the driver may undergo blood testing if they are taken to the hospital. However, the hospital will only take one sample, so rising BAC is never a factor in blood tests.
A Shelton lawyer could prepare a DUI defense involving rising results from a breath test. A rising blood alcohol level indicates the driver must have had a lower BAC while driving. Using printouts of the two results from the breath test machines, an attorney at our firm could work with an expert to extrapolate the driver’s BAC while they were behind the wheel. If the driver’s BAC was below the legal limit while they were driving, our legal team could use this as a strong defense against the DUI charges.
What Factors Can Affect Breath Test Results?
Various circumstances can affect breath test results and falsely inflate a driver’s BAC reading. Our Shelton attorneys can investigate the breath testing process in a DUI case for any factors that may have affected the results.
Many articles have discussed the adverse effect of the temperature of breath test machines on results. Breath test manufacturers claim the machines keep their air tubes at a specific temperature to avoid false readings. However, even a slight variance in the temperature of a person’s breath can raise the BAC reading.
Cough Syrup and Mouthwash
Alcohol-based products like cough syrup and mouthwash can collect in cavities and other pockets in the mouth or gums. During a breath test, the driver may blow air right over those pockets filled with alcohol, artificially inflating the BAC reading.
If a driver suffers from GERD or acid reflux, it can inflate the results of a breath test. Acid reflux causes any alcohol consumed to come back up through the esophagus and into the mouth, artificially increasing the driver’s blood alcohol reading. GERD is a recognized defense in DUI cases. When a driver has GERD, our attorneys could use their medical records to dispute breath test results in a Shelton DUI case.
Talk to a Shelton DUI Lawyer About Blood and Breath Testing
When you are arrested for DUI based on blood and breath test results, it may seem like the evidence against you is conclusive. However, these tests are often faulty and can be influenced by many factors.
A lawyer can bring several defenses to blood and breath testing in Shelton DUI cases. Contact Ruane Attorneys as soon as possible to discuss your case. We can review your medical history and the testing process for anything that might have adversely affected your results.