If you’ve been charged with a DUI in Pennsylvania or New Jersey, you might think that a failed breathalyzer or field sobriety test is the end of the story. However, several factors can impact the accuracy of these tests, including certain medications and the way the tests are administered.
Understanding your rights regarding DUI testing, especially if you’ve taken lawful medications, can be crucial in defending your case.
7 Things That May Affect Breathalyzer Results
Many people are unaware that various medications and substances can affect breathalyzer results. Here’s a closer look at some common ones:
1. Asthma Medications
Inhalers containing albuterol, salmeterol, and budesonide may cause false positives in breath tests. These medications, often used to relieve asthma symptoms, can leave residual alcohol-like compounds in the mouth, which a breathalyzer might mistakenly detect as alcohol. If you’ve used an inhaler shortly before being tested, this could skew your results.
2. Over-The-Counter Medications
Medications like Nyquil or certain Vicks products contain alcohol. Taking these medications before a breathalyzer can lead to a false positive, as can using alcohol-containing cough drops.
3. Oral Gels
Products like Anbesol contain anesthetics that might interfere with breathalyzer readings. These gels, used for toothaches or mouth sores, can produce trace amounts of substances that mimic alcohol.
4. Mouthwash & Breath Sprays
Commonly used to freshen breath, many mouthwashes and sprays contain significant amounts of alcohol. If used shortly before a DUI stop, they can cause breathalyzers to falsely detect alcohol.
5. Environmental Factors
In some cases, exposure to fumes from chemicals, paints, or adhesives in poorly ventilated areas can affect a BAC test, causing false readings.
6. Fermented Foods
Consuming fermented foods such as kimchi, sauerkraut, soy sauce, or certain baked goods that contain yeast can lead to false positives on a breathalyzer test. These foods can produce trace amounts of alcohol in the mouth after consumption, which might be detected as alcohol by a breathalyzer.
7. Medical Conditions
Conditions like gastroesophageal acid reflux can cause alcohol in the stomach to be expelled into the mouth, potentially leading to higher BAC readings. Diabetes can also affect results. Diabetic individuals can produce ketones when blood sugar is high, which are chemically like alcohol and can lead to false positives on breath tests. In addition, various physical injuries have been known to affect field sobriety tests.
Your Rights Regarding DUI Tests & Medications
If you have been arrested for DUI and believe that your breath test results were inaccurate due to legal medication use, you have the right to challenge these results. It’s essential to understand that:
You Can Refuse Certain DUI Tests
You can refuse field sobriety tests and roadside preliminary breath tests (PBT) in Pennsylvania, as these portable tests are voluntary and often unreliable. However, refusal could provide police with enough suspicion to arrest you and request a more reliable breathalyzer or blood test.
Refusing a post-arrest breathalyzer or chemical test can result in severe penalties, including automatic license suspension under implied consent laws.
You Have the Right to an Attorney
Always request to speak with a DUI defense lawyer immediately if you’re arrested. Additionally, you have the right to remain silent, which is crucial if a medical condition or medication may impact your breath test results.
Avoid explaining any medical conditions or medications to the police on your own, as this information could be used against you. It is best to assert your right to remain silent and consult with an attorney who can properly advise you on how to handle questions related to your health and medication use.
Challenge Inaccurate Test Results
If you believe a medication affected your breathalyzer or field sobriety test, a knowledgeable DUI attorney can challenge the evidence in court.
How a DUI Attorney Can Help If Charged with a DUI
Having a DUI defense attorney like those at Fienman Defense on your side can be invaluable. Here’s how an attorney can assist:
- Review Your Medical History: A skilled attorney will examine your medical history to identify any medications or conditions that could have affected your test results.
- Examine Testing Procedures: Not all breathalyzer devices or field sobriety tests are administered correctly. We can investigate whether the testing devices were properly maintained and whether the test was administered in a manner consistent with Pennsylvania laws.
- Challenge Field Sobriety Tests: Field sobriety tests are not infallible. Factors like anxiety, medical conditions, or even the environment (such as uneven ground or poor lighting) can impact performance. A knowledgeable attorney can question the reliability of these tests.
- Leverage SFST Training: At Fienman Defense, we have completed the same Standardized Field Sobriety Test (SFST) training as law enforcement officers. This specialized training allows us to identify weaknesses in the administration and interpretation of field sobriety tests, which could significantly impact the outcome of your case.
Can Medication Use Lead to Dismissal or Reduced DUI Charges?
Yes, medication use can sometimes lead to dismissal or reduction of DUI charges. If it can be demonstrated that a lawful medication or a medical condition caused a false positive on a breathalyzer or influenced your performance on a field sobriety test, it can form the basis for challenging the validity of the DUI charges. However, successfully leveraging this defense requires comprehensive legal knowledge and experience.
The Benefits of an SFST-Trained DUI Lawyer
Having a DUI lawyer trained in SFST is a significant advantage. Here’s why:
- Identify Testing Errors: An SFST-trained lawyer can recognize mistakes that a layperson or less experienced attorney might miss, such as improper test instructions or environmental factors that could affect results.
- Challenge the Prosecution’s Evidence: By understanding the nuances of SFSTs, a trained attorney can effectively challenge the prosecution’s evidence. For instance, if a test was not administered per the standardized guidelines, it can be grounds to exclude that evidence.
- Negotiate Better Outcomes: The ability to challenge DUI evidence effectively can also lead to better plea negotiations. Even if a complete dismissal isn’t possible, demonstrating potential weaknesses in the prosecution’s case can lead to reduced charges or lesser penalties.
- Comprehensive Defense Strategy: An SFST-trained lawyer understands the science and procedures behind DUI testing and can cross-examine officers effectively, exposing any flaws in their testimony or procedures.
Choose Fienman Defense for Your DUI Case
At Fienman Defense, we bring more than just experience to the table. Michael Fienman is not only well-versed in DUI law but also certified in the same field sobriety test procedures used by law enforcement. This lets us provide a robust defense that highlights the flaws and key details that can make or break a case.
If you’ve been charged with a DUI, don’t leave your fate to chance. Contact Fienman Defense today at (215) 839-9529 for a free and confidential consultation. We’ll review your case details, explore all possible defenses, and work tirelessly to protect your rights and future.
Attorney Michael H. Fienman represents clients in criminal and traffic matters throughout Pennsylvania and New Jersey. Mr. Fienman has completed the same DWI detection training as most law enforcement officers, and he holds a certificate in Standardized Field Sobriety Testing approved by the National Highway Traffic Safety Administration (NHTSA). As an experienced trial attorney, practicing in Montgomery County for nearly 15 years, he understands your rights. He is a zealous advocate known for relentlessly defending clients in state court, federal court, and before administrative agencies.
Attorney Fienman is licensed to practice before the Supreme Court of Pennsylvania, the Supreme Court of New Jersey, the US District Court for the District of New Jersey, and the US District Court for the Eastern District of Pennsylvania.
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