Depending on what state you live in, you may be required to perform a Breathalyzer test if you are pulled over for a suspected DUI. The problem is these machines aren't always accurate, and if you refuse the test, you could have your driver's license suspended. Considering the relatively high levels of error in these devices, and the negative consequences of a false DUI conviction there should be more public awareness of the issues.

Breathalyzers and Blood Tests measure alcohol levels completely differently. The blood test is a direct measure of the level of alcohol concentration, and is generally much more accurate. While a breath test measures your blood levels very indirectly, and hence is not as accurate.

The problem is, because of this indirect method is that at times the machines don't properly measure the concentration. What the machines typically do is measure the ethyl compounds in the mouth under the assumption that these compounds are alcohol. Where errors occur is when chemicals that resemble the structure of ethyl alcohol, get registered as an alcohol residue.

There have been cases of people who have absorbed the fumes of paints or gasoline, such as painting a room over a day, and gotten a false positive. There have also been studies that have shown that the the yeast in bread and smoke from cigarrettes are more likely to exaggerate results.

Some studies have shown that diabetics have triggered false positives because of their acetone levels which is a result of their low blood sugar. Dieters and fasters have faced similar results. Some of these problems have been alleviated because of newer models of the breathalyzers, but no machine yet has proven failsafe.

More problems arise due to the timing of testing. Testing a driver suspected of DUI too early can lead to a false result. The body needs time to absorb alcohol, and during this time of absorption, the blood alcohol content (BAC) can be much higher in the arterial blood than in the venous.

In other words, if a person is given a breathalyzer test during this period, where there is no uniformity in the distribution of alcohol, their arterial blood (what is being used by the lungs, and what is being read by the test) has a much higher BAC than the rest of the body. This can be countered by taking a blood test that draws from venous blood.

Being convicted of a DUI can be a devastating life event. It's important to know that the breathalyzer isn't perfect, and if at all possible if you believe the results to be false ask for a more accurate blood test.

Your best solution would be to hire a competent DUI attorney to help you determine whether the breathalyzer results can be contested, and whether the test was taken accurately, and obtained legally. Important choices must be made, and it's very important to be sure that your tests were taken accurately.

About the Author

This article should be used only for informational purposes. Jacksonville Criminal Defense Attorney Lee Lockett offers professional Jacksonville DUI representation.