Imagine this: You have fever of 101 degrees and are taking some over-the-counter medications, but your child’s birthday party is that night and you still need to go to the store. On the way, you are pulled over by police.
Officers ask you if you have been drinking. You explain to them that you haven’t had anything to drink but that you are under the weather. The officers ask you to step out of the car and take a Breathalyzer test. You feel you have nothing to hide, so you agree. Turns out, your blood-alcohol content (BAC) level is over the legal limit of 0.08%. How could this happen?
Body Temperature May Affect a Breath Test
Breathalyzer devices are calibrated based on the average person without taking into consideration the physiological differences of all humans. A Breathalyzer measures the ratio between breath-alcohol levels and blood-alcohol levels at 1:2100. However, a person’s body temperature can have a direct effect on this measurement.
According to the article (published in the Michigan Bar Journal), an elevated body temperature of only 1.8 degrees above normal (98.6 degrees) can cause Breathalyzer devices to register 7% higher results.
You don’t even have to have a fever to get erroneous results. Your body temperature fluctuates throughout the day, and if it is above 98.6 degrees, a breath test could yield inaccurate results.
Breathalyzer Results and Why You Need a Skilled Attorney
Breathalyzer tests are not always accurate, and a skilled DUI defense attorney can challenge the results of your breath test in court. Your attorney will analyze the results, as well as your physiological condition at the time of the breath test.
If your attorney wants to challenge the results of your breath test, he or she may investigate the maintenance, calibration and operation records of the Breathalyzer used to take your test. Your attorney may be able to show the court that your body temperature affected your breath test.
Contact Wallin & Klarich if You Have Been Charged with DUI
If you or a loved one has been charged with a DUI, it is crucial that you contact a Wallin & Klarich DUI defense attorney immediately. At Wallin & Klarich, our skilled DUI lawyers have been successfully defending our clients facing DUI charges for over 30 years. We can help you, too. We will analyze the facts of your case and plan a defense strategy that will help you get the best outcome possible in your case.
With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is a skilled Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.