Law enforcement officials use Breathalyzer tests to quickly measure a person’s blood alcohol concentration (BAC), which can help them determine whether the driver is operating a motor vehicle under the influence of alcohol. While used across the nation, Breathalyzers may produce inaccurate readings, resulting in unjust driving under the influence/driving while intoxicated charges (DUI/DWI). Find out about Breathalyzer accuracy in NH, and discover how a DUI lawyer in NH might assist individuals with disputing the reliability of their Breathalyzer results; call Friedman & Bresaw, PLLC at (603) 707-4800 to speak with a knowledgeable New Hampshire criminal defense attorney and begin the process of developing a solid defense strategy.
Understanding Breathalyzer Accuracy in NH
New Hampshire police officers commonly take breath samples from motorists to obtain evidence of these individuals committing a DWI offense. Law enforcement may use one of two breath tests to measure a person’s BAC, including preliminary breath tests (PBTs) and Breathalyzer tests. Below is an overview of these tests and their shortcomings.
Preliminary Breath Tests
The PBT, defined by the Office of Justice Programs as a roadside BAC chemical test, involves a motorist blowing into a handheld device designed to measure the breath alcohol content during a DUI stop. These tests can be unreliable and yield inaccurate results, but they enable law enforcement to justify arresting a driver for committing a DWI offense. An issue with PBTs is that they measure residual alcohol in a person’s mouth instead of the alcohol present in a person’s bloodstream, meaning the reading could be higher than an individual’s actual BAC, which is why many parties view these tests as flawed.
Breathalyzer Tests
In contrast, Breathalyzers are more accurate than PBTs and also require individuals to blow into the device to produce a result. Similarly to PBTs, Breathalyzers can still produce false positives, with factors such as regurgitation and burping shortly before the test and lingering mouth alcohol impacting accuracy. Motorists may refuse to take a Breathalyzer test; however, this will result in an automatic administrative license suspension; a common DUI myth is that motorists cannot challenge the results of Breathalyzer and other chemical tests, whereas they actually can.
Importantly, if an individual submits to a Breathalyzer test and their breath sample produces a result exceeding the legal limit, they can expect an immediate license suspension. In New Hampshire, the BAC limit for adults aged over 21 is 0.08% and 0.02% for motorists who are younger than 21.
What May Affect the Result of a Breathalyzer Test?
Several factors may affect the accuracy of Breathalyzer test results, such as device calibration. To ensure accuracy, law enforcement must frequently maintain and calibrate these devices. Another noteworthy factor relates to the substances in the person’s mouth present at the time of testing, which may include the remaining mouth alcohol after taking breath sprays or oral gels, rinsing with mouthwash, or taking specific medications, such as cough medicine, over-the-counter medications, and medications for treating asthma, all of which may inflate BAC readings.
Alongside this, medical conditions like diabetes and acid reflux might affect the results; this is due to them possibly producing ketones, which a Breathalyzer can potentially measure as alcohol. Other impactful considerations include environmental factors, such as humidity and temperature, as well as human error, with the latter arising due to officers not waiting for a sufficient period before taking the test (to prevent residual mouth alcohol from impacting the results) and law enforcement officials not operating the Breathalyzer device correctly during test administration. Learn more about Breathalyzer accuracy in NH, and explore how a DUI lawyer in NH can help challenge the validity of these test results; get in touch with Friedman & Bresaw, PLLC to understand the legal options available to motorists facing DUI/DWI charges.
What Is the Worst Breathalyzer Score?
According to the Cleveland Clinic, the worst Breathalyzer score is over 0.40%. At this level, there is a strong risk of falling into a coma and dying from difficulties with breathing. A BAC level above 0.19% is likely to result in symptoms of drowsiness, vomiting, and confusion, whereas a BAC between 0.30% and 0.40% may cause a motorist to lose consciousness and experience alcohol poisoning, which might be life-threatening.
What Does 0.19 Mean on a Breathalyzer?
BACs between 0.16 and 0.19 are very high; drivers found to have a BAC of 0.16 or more are likely to face aggravated charges in New Hampshire. Individuals with a BAC of 0.19 may experience nausea and difficulties with walking and maintaining balance, in addition to enhanced restlessness/anxiety. Other symptoms may include loud speaking and gesturing, impaired judgment, blurred vision, slurred speech, poor coordination, and low reaction times.
What Can Challenging Breathalyzer Results Achieve?
Depending on the DUI case, challenging the results of a Breathalyzer test may have multiple outcomes. For example, if the court determines the results to be unreliable, or if they believe law enforcement did not follow the correct procedures when administering the test, they may dismiss the DUI charges, particularly if the Breathalyzer results are the main piece of evidence against the driver. A motorist could also argue that they experienced a violation of their constitutional rights if during the arrest multiple law enforcement officials were present, but at trial, the police officer who administered the test was not present (due to suspects having the right to cross-examine witnesses), which may also lead to a dismissal of the charges.
In other scenarios, successfully disputing the Breathalyzer results could result in less severe charges or penalties. For instance, if the Breathalyzer showed a reading above 0.16%, typically leading to an aggravated charge, and the motorist effectively proves mitigating circumstances or an inaccurate reading, while other evidence of impairment against them exists, they may only face a standard DWI charge.
Reach Out to a Seasoned DUI Lawyer in NH To Learn More
While they may seem definitive, by utilizing appropriate strategies, it is possible to successfully challenge the results of Breathalyzer tests, preventing inaccurate results from unfairly impacting a case’s outcome. This could entail offering expert analyses explaining why the results are false positives or highlighting procedural errors made by law enforcement. An experienced New Hampshire criminal defense lawyer can assist drivers with assessing their options, developing a defense, and challenging evidence, including disputing Breathalyzer accuracy in NH; contact (603) 707-4800 today to arrange a consultation with a DUI lawyer in NH from Friedman & Bresaw, PLLC.
