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You Must Challenge the Results of Your Breathalyzer Test: Here's Why

  • Birdsall Obear

If you are facing OWI charges in Wisconsin, you may be dealing with a positive breathalyzer test. It is important for you to be aware that breathalyzers are not one hundred percent accurate. Challenging the results of your breathalyzer test is paramount. There are numerous legal factors and substances that can lead to a false positive.

What Causes False Positive Breathalyzer Tests?

Some of the legal factors and substances that can lead to a false positive are:

  1. Acetone
    Everyone has a bit of acetone in their breath. While high acetone levels can be caused by heavy drinking, the most common causes are type 1 or type 2 diabetes. If you are late taking your insulin, this can cause high acetone levels as well.

    Additionally, hypoglycemia may also lead to high acetone levels.

    All of these factors can lead to a false reading that indicates your BAC is over the legal limit.

  2. Certain Foods
    Certain foods can also result in a false positive. This includes:
    • Food that incorporates alcohol such as wine or beer when preparing
    • Sweets such as cinnamon rolls, as they contain yeast and sugar
    • Sugar-free gum, which has sugar alcohol in it
    • Hot sauce, which leads to a greater amount of acid in your stomach

  3. Acid Reflux
    If you have Gastroesophageal Reflux Disease (GERD), this condition can result in your BAC level appearing higher than otherwise. This is due to the fact that this health condition can cause alcohol from the stomach to enter your breath.

  4. Asthma Inhalers
    Compounds in an asthma inhaler can cause a false positive.
    When breathalyzers analyze your breath, they search for methyl compounds. Doing so typically reveals how much alcohol is present in one’s blood. Albuterol is the active ingredient in most asthma inhalers, and contains a methyl compound.

Maximize Your Chances of Obtaining the Outcome You Deserve

It becomes clear that breathalyzer tests prove far from accurate. There are a plethora of legal substances and factors that could lead to a false positive. Don’t become a victim of these inaccurate testing methods. 

If you have been charged with an OWI and suspect that your breathalyzer test was inaccurate, contact our firm. The attorneys at Birdsall Obear & Associates LLC have proven themselves as the best Sheboygan and Milwaukee DUI lawyers. To discuss your unique case, contact Birdsall Obear & Associates LLC to schedule your free consultation. You need an aggressive advocate in your corner.

Milwaukee Office
1219 North Cass Street, Milwaukee, WI 53202

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Sheboygan Office
603 South 8th Street, Sheboygan, WI 53081

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