The DUI breath test is one of the most common options used by law enforcement to gauge whether a person is under the influence or not.
If they reading comes out as intended, it can provide leverage for law enforcement officials to lay down charges as soon as possible.
For DUI lawyers, it’s important to look at whether these tests are accurate or if they’ve provided false positive readings that can be fought.
What is a false positive reading? This is a reading that has come out positive but is inaccurate and didn’t follow protocol as written.
Here are some of the reasons a false positive reading can come about.
The primary reason has to do with timing. If a person is given the test too early, they can give a higher reading than what their body is dealing with.
This is why the timing has to be done by the letter of the law.
2) Equipment Was Not Calibrated
This happens from time to time where the equipment was not calibrated and therefore gave a reading that is far too high and inaccurate.
The equipment is tested to make sure it gives a proper reading.
3) Medical Condition Caused Positive Reading
Many people might have a false positive reading because their medical condition caused it. This happens from time to time, and with a medical note, a person can have these charges dropped.
It’s essential to take a look if that was the case with your reading.
Many different conditions can cause this and the lawyer will take a glance at all of them to see if they relate to your charges.
4) Environmental Contamination
Yes, this is a possible reason people can cite when it comes to a false positive reading. Environmental contamination is a real worry for people because it can affect the sample.
Once this happens, the sample loses potency and is inaccurate if a reading is sought. It is important to ignore these readings, but if they’re used to lay down charges, they are deemed to be false positive readings.
It’s important to have a qualified DUI lawyer take a look at these readings to make sure one of these reasons didn’t cause the false positive. It is one of those essential steps all DUI charges should be taking a look at before moving one way or another in the court of law.