Several substances and medical conditions can trigger a false positive breathalyzer result without the person having consumed alcohol. A breathalyzer measures compounds in breath that share a similar molecular structure with ethanol — meaning certain medications, foods, and medical conditions can register as alcohol even when none has been consumed. The most common non-alcohol causes of a false positive breathalyzer include diabetes and ketosis, acid reflux (GERD), asthma inhalers, mouthwash and breath spray, paint fumes and industrial solvents, and certain foods including ripe fruit, protein bars, and energy drinks.
If an officer suspects you are driving over Pennsylvania’s legal limit of 0.08% BAC, they may ask you to take a roadside breathalyzer test. If you believe your test gave a false positive reading, challenging its validity may be an effective strategy for avoiding the serious penalties associated with a DUI arrest. An experienced DUI attorney can help evaluate whether any of these factors apply to your case.
What Besides Alcohol Can Set Off a Breathalyzer?
Breathalyzers detect ethanol but can be triggered by other compounds with similar molecular structures. The following substances and conditions are known to cause false positive breathalyzer results.
- Diabetes and ketoacidosis — uncontrolled diabetes causes the body to produce acetone, which some breathalyzer devices misread as ethyl alcohol and can register falsely elevated BAC readings
- Asthma inhalers — inhalers containing albuterol, salmeterol, and budesonide can cause false positive readings; albuterol has been shown to register readings as high as 0.21 BAC due to methyl compounds that breathalyzers mistake for ethanol
- Acid reflux (GERD) — stomach acid reaching the mouth increases the concentration of compounds detected by the breathalyzer, elevating the reading above the actual BAC
- Mouthwash and breath spray — products containing alcohol can linger in the mouth and trigger a false positive, particularly if used shortly before testing
- Certain foods — pecans, ripe fruit, energy drinks, and protein bars have been shown to skew breathalyzer results; spicy foods that cause stomach acid can also interfere
- Environmental contaminants — paint fumes, industrial solvents, and other airborne chemicals containing compounds similar to ethanol can register on a breathalyzer
How Often Are Breathalyzers Wrong?
Breathalyzers are not infallible. These devices assume ideal testing conditions, a healthy and average-sized test subject, and a properly trained administrator — conditions that are not always present during a roadside stop. Studies have shown breathalyzer readings can vary by as much as 15% from actual BAC levels under real-world conditions. Poor equipment calibration, mouth alcohol contamination, improper observation periods, and human error by the administering officer all contribute to inaccurate results. In Pennsylvania, the Intoxilyzer 8000 is the primary evidential breathalyzer used by law enforcement, and its results have been successfully challenged in court on multiple grounds.
Can You Challenge a Breathalyzer Result in Pennsylvania?
Yes — breathalyzer results can be challenged in a Pennsylvania DUI case. An experienced DUI defense attorney may argue that one or more of the following issues affected the accuracy of the test result.
- The breathalyzer device was not properly calibrated before the test
- The officer failed to observe the required 20-minute pre-test waiting period
- Mouth alcohol from mouthwash, food, or a medical condition contaminated the sample
- A medical condition such as diabetes, GERD, or ketosis caused an artificially elevated reading
- Environmental factors including paint fumes or industrial chemicals were present at the testing location
- The device was not properly maintained or the maintenance records cannot be produced
What Are the Other Factors That May Cause an Inaccurate Breathalyzer Result?
Beyond the causes listed above, operational and human errors by the administering officer can lead to false positives. An accurate breathalyzer result is contingent on the officer properly utilizing and maintaining the device. Your attorney may argue the following in court.
- The breath test did not accurately represent your true blood alcohol content
- Mouth alcohol measured higher than your true breath alcohol level
- The time between your arrest and the breath test was insufficient for an accurate result
- The breath test device was improperly maintained
- Unusual environmental factors led to an imprecise result
Contact the Trusted DUI Attorneys in Montgomery County
If you have been arrested for driving under the influence and need help challenging the results of your breath test, the DUI attorneys at Rubin, Glickman, Steinberg & Gifford, P.C. can help. For nearly 70 years, our team has been serving the legal needs of clients in Montgomery County, Bucks County, Lehigh County, Chester County, Delaware County, and throughout the surrounding areas.
Our firm will discuss the facts and circumstances surrounding your case and put our best effort toward reducing or vacating any penalties associated with the charge. Our legal team understands the ins and outs of Pennsylvania DUI defense law and will be with you every step of the way. Give us a call at (215) 822-7575 or complete our contact form.
