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Attorney Russell Matson's Drunk Driving Defense Information Page |
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Call (781) 380-7730 anytime or contact us for a free consultation on your OUI charge. |
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Top 8 Reasons You Failed the Breathalyzer/Breath Test (But Weren't Drunk)When someone takes a breathalyzer or breath test and the results are over the legal limit of .08 BAC, that doesn't have to be the end of the story in a Massachusetts DUI trial. In cases where a person's driving is controlled, and he or she is polite and answers the officer's questions, and isn't fumbling or falling all over the place, it is very reasonable to argue that there is a clear disconnect between the higher BAC number and the person's behavior and appearance. This disconnect can cast strong doubt on the value and validity of the BAC number in establishing that a person is legally impaired or intoxicated. The following explanations can help provide reasons why a person can fail a breath test, but not be impaired. 1) Problems with Breath to Blood ConversionBreath test machines don't test your blood alcohol level (BAC), they test how much alcohol is in your breath or lungs, or Breath Alcohol Level (BrAC). Breath test machines take the amount of alcohol they find in your breath and multiply it by 2100, to convert it to blood alcohol level. Different people have different conversion ratios, and there is no way to know what your conversion ratio is. This conversion ratio is critically important, since the standard for impairment is .08 calculated based on Blood Alcohol. To convert between the two, a simple mathematical formula is used, based on a 2100 "partition ratio", or conversion ratio. This formula assumes that for every unit of alcohol that is in your breath, there are 2100 units in your bloodstream. Normal people have a partition ratio ranging from 1500 to 2800. A 200 difference in a persons partition or alcohol conversion ration will equal a .01 BAC difference, so the normal range of a person's biological function can explain a swing of .03 BAC, which is significant when .08 BAC is the legal limit. 2) High Body TemperatureThe Draeger 7100 Alcotest machine used in Massachusetts assumes that someone's breath temperature is 34 degrees Celsius. Interesting, some people have body temperatures that are high, and some people have fevers. This can result in someone's true alcohol level being reported higher. Massachusetts could have bought machines that test body temperature, but they declined to use that option. Alabama bought the machines that do have that feature. 3) Mouth AlcoholThe most common reason for mouth alcohol is if someone burps or belches, and brings up some air from their stomach. Air from the stomach has a great deal more alcohol in it than deep lung air, and can throw off the results dramatically. Breath test operators are trained to observe some for 15 minutes in Massachusetts to account for this factor. In addition to the potential problem of someone burping, there are a number of mouth contaminants that can significantly impact the results of the breath tests. Mouth contaminants may include:
Some of these can be noticed in the observation period, but many can't. If a person wears dentures, the impact on the test can't be avoided. 4) Gastro Esophageal Reflux Disorder (G.E.R.D.) / Acid RefluxMore commonly known as Acid Reflux, or heartburn, this condition affects between 25 and 45% of the adult population. A documented medical case of acid reflux can help explain a high BAC number that is clearly out of sync with a person's observable behavior. 5) Air Pressure / Breathing Patterns & CharacteristicsYour breathing patterns may affect the breath alcohol reading. Holding your breath can significantly increase the readout number. Conversely, hyperventilating or or taking deep breaths can reduce your Breath alcohol concentrations. Breathing patterns and factors are often involuntary, and can significantly increase the margin of error in these tests. 6) Time of DrivingEven assuming that the breath test number is accurate, all that it tells you is what the level is when you are blowing into the machine back at the police station. It doesn't tell you what your blood alcohol level was when you were driving. It can take up to a couple of hours to absorb alcohol after it has been consumed, depending on a number of factors including someone's individual physiology, how much food they've had to eat and how recently they've eaten. It is entirely possible that someone could be under the limit when they are driving, and be over the limit when they are testing at the police station, which could easily be an hour or more after the person stopped driving.
If you've been arrested on a drunk driving charge in Massachusetts, and you failed the breath test, don't think your case can't be won! Please call me today for a consultation, and I'll let you know how we can fight the charges. Sincerely, Russell Matson |