Law Office of Ronald A. Cabanayan
Law Office of
Ronald A. Cabanayan

DUI ~ Criminal Defense ~ Immigration/Naturalization

Se Habla Español 408-758-5673
CALL NOW—PHONES ARE ANSWERED 24/7!

Justice Is On Your Side

3 reasons the Breathalyzer equipment may give false results

On Behalf of | Feb 3, 2022 | DUI Defense

Not many things can ruin an otherwise fun evening like being pulled over on suspicion of driving under influence (DUI). What could worsen an already tense situation, however, is yielding to a Breathalyzer test only to report a false positive. While this may seem like a rare occurrence, false positives do happen – and the consequences can be astounding. 

If you have been charged with DUI thanks to a false Breathalyzer test result, it is in your best interest that you defend yourself. Because if you do not, you might end up paying for an offense you didn’t commit. 

Here are some common causes of false Breathalyzer results:

Equipment error

For the Breathalyzer equipment to provide accurate results, it must be routinely maintained and calibrated. Thanks to frequent use, the Breathalyzer’s sensors can become saturated and lead to an incorrect result.

Outdated software

The Breathalyzer equipment is made up of both hardware and software components. While the hardware is responsible for collecting the suspect’s breath, it is the equipment’s software that does the analysis to determine the individual’s BAC level. As such, any software error is likely to skew the test result. 

Human error

Breathalyzer equipment is only as effective as the person operating it. If the officer administering the Breathalyzer test does not have adequate training to operate the equipment, then it is highly likely they are going to deliver a false-positive result. 

Breathalyzer results are usually key pieces of evidence during a DUI trial. However, it is important to note that the Breathalyzer equipment is not always accurate. Here are some of the defense strategies you can use to challenge your BAC result when facing a DUI charge.