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A positive breathalyzer may not equal guilt

When an officer pulls someone over, he or she may have an ulterior motive. The police cannot pull someone over because they suspect something – they need to witness wrongdoing to do so.

There are times when officers take a minor traffic infraction as an opportunity to look for signs of driving while impaired. The results may have you out on the side of the road giving a breathalyzer sample. When the result puts you over the legal limit, you may believe that the case is over and your guilt certain. However, there are ways that a breathalyzer is wrong. Consider these possibilities when mounting a defense against OVI charges.

Your diet may affect the outcome

The keto diet is all the rage these days. Its success hinges on the premise that reducing or eliminating the intake of all carbs forces your body into a state of ketosis. In this state, the body resorts to getting its energy from fat and not sugar. Breathalyzer tests look for the presence of alcohol, or acetone, on your breath. During ketosis, the body sheds acetone through the lungs. Thus, if you take a breathalyzer with a high number of ketones in your blood, the results may give a false positive reading.

The breathalyzer machine needed attention

Breathalyzers are tricky machines, and techs must calibrate them properly and often. You can ask for a history of this calibration should you go to court to face charges. If the record does not show it was properly maintained, you may have a good case for improper calibration and results.

The officer administered the test wrong

Officers must follow protocol when giving breathalyzer tests, both before and during the test. One is always keeping you in eyeshot as, in theory, a defense lawyer could argue that you took a drink while the officer was not looking. Calling the officer’s traffic stop into question may result in the breathalyzer results getting tossed.

Do not believe your case is over just because of a positive breath test. Allow your defense attorney the chance to challenge the results any way he or she sees fit.

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