A DUI Charge May Be Wrong

Posted by & filed under dui defense, The Travis Law Firm Blog.

Innocent Drivers Arrested for Driving Under the Influence

A DUI charge can wreak havoc with your personal life, job or future endeavors. However, in Pennsylvania, numerous sober drivers are facing this sort of scenario. The consequences of a DUI charge happen quickly, and without warning, your whole life changes. It is crucial for you to be as proactive as possible and fight the charges with a DUI defense lawyer at your side. Let’s see why this is playing out and how it can be stopped.

Are Women Being Targeted for DUIs in Pennsylvania?

Breathalyzer tests are truly positive 40 percent of the time. It is difficult to say if women are being targeted with a DUI charge in the state, but the bottom line is that more women are being arrested and jailed. Some other common reasons for inaccurate Breathalyzer tests are:

  • Size: Women are generally smaller than men, and Breathalyzers are calibrated for men. This leaves women in a precarious position at a DUI stop. The reason is that women have a lower partition ratio (ratio of air to alcohol) than men. A lower partition ratio can lead to a higher read-out in a Breathalyzer. 
  • Calibration: If the Breathalyzer is not properly calibrated, the results can be wrong. If the unit is not maintained and calibrated regularly, the results may not be accurate.
  • Food: Certain foods affect the Breathalyzer test, especially those that involve fermentation. Products like pizza and bread use yeast and can affect a Breathalyzer reading. So can pecans, energy drinks, protein bars, sugar-free gum and ripe fruit. Spicy food can have a strong effect since the high stomach acid makes the test inaccurate. In addition, the test administrator must ensure that the individual being tested does not vomit, burp, smoke, eat or regurgitate prior to the test. 
  • Dieting: Low-carb diets are great for losing weight, but they can affect the outcome of a Breathalyzer test. Reducing carbohydrates in your diet increases the amount of stored fat your body burns. This leads to an accumulation of ketone and acetone in your system, which can increase the results of a Breathalyzer test.
  • Medical conditions and medications: Asthmatics who use albuterol inhalers could render a false-positive on a Breathalyzer test. Some others are:
    • Diabetes: Diabetics have high acetone levels. On a BAC test, the acetone registers as ethyl alcohol.
    • GERD: People with GERD can have a false positive on a Breathalyzer test due to mouth acid.
    • Kidney disease: Diseased kidneys do not filter the blood properly, and the amount of ammonia in the body increases. Ammonia can alter a BAC result.
  • Mouth alcohol: Traces of alcohol in the mouth can be the result of using:
    • Chewing tobacco
    • NyQuil and some cough medications
    • Some mouthwash and breath sprays
    • Dentures that can trap food in the mouth
    • Sugar-free chewing gums

How an Attorney Can Help

DUI tests are often administered without regard to proper procedures. However, the person being tested cannot easily refuse, and disagreeing can precipitate other charges. A DUI defense includes proving that a false positive Breathalyzer test was used to substantiate the DUI charge. Without mounting a defense, particularly if it was based on inaccurate testing, can lead to life-altering problems.

Call the Travis Law Firm for Help

If you or a member of your family was arrested for DUI, you need the legal insight an experienced lawyer can provide. Call the Travis Law Firm at (814) 277-2222 to schedule a free case review. We have helped numerous clients by defending a DUI charge. You have the right to protect your rights and defend yourself, and we will be there through it all. If it is easier for you, contact us online.