Chemical evidence is often the gold standard during criminal proceedings. If the state can produce forensic evidence of criminal activity, that can seem very compelling to juries. In fact, even defendants accused of breaking the law sometimes start second-guessing their recollections when they face charges backed by chemical evidence.
For those accused of drunk driving, chemical breath tests are often the cornerstone of the state’s case. Prosecutors rely on chemical tests to show that a driver was over the legal limit that applies based on their age and vehicle type.
All too often, drivers facing impaired driving charges believe that their only option is to plead guilty if they fail the chemical test. However, there are many circumstances in which people can raise questions about the accuracy of breath testing, including the two issues outlined below.
Inadequate device maintenance
For a breath test to return accurate and reliable results, the police department must make the maintenance of the device a priority. To function optimally, breath test units require occasional software updates and other forms of manufacturer-recommended maintenance. The police department also needs to regularly calibrate the breath test device to ensure that it produces accurate test results. A lack of recent maintenance or calibration records can undermine the reliability of chemical test results.
Medical factors that undermine test accuracy
A chemical analysis of exhaled gases may not necessarily be an accurate indicator of an individual’s chemical status. There are a host of ways in which people’s medical issues or health challenges could affect the accuracy of chemical testing. Maybe the defendant has a blood sugar issue that they have yet to get under control. Quite a few adults have type 2 diabetes or are pre-diabetic and could fail breath tests as a result. Others may have relatively rare medical challenges that compromise testing accuracy. Prescription medications and even specialty diets can also affect how accurate breath test readings are during roadside traffic stops.
Those facing criminal charges backed primarily by breath test results may be able to fight their charges with the right support. Discussing medical history and looking into device maintenance records with a skilled legal team might be a good starting point for those hoping to avoid a drunk driving conviction after an unexpected outcome of breath testing.