An Evidentiary Breath Test (EBT) is a common tool used by law enforcement to determine if someone is driving under the influence of alcohol. While these tests are widely used in DUI cases, they aren't always foolproof. There are factors that can affect their accuracy, and it's possible to challenge the results in court. This guide will break down how EBTs work, what affects their reliability, and how they can be contested if you're facing DUI charges.
How an EBT Works
An evidentiary breath test measures the blood alcohol concentration (BAC) of a driver by analyzing their breath. When you blow into the device, it calculates how much alcohol is in your breath and translates that into an estimated BAC level. This BAC reading is used to determine if you are over the legal alcohol limit, which is 0.08% in most states.
Factors Affecting EBT Accuracy
Even though EBTs are generally reliable, several factors can affect their accuracy:
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Calibration and Maintenance: Breathalyzer machines need to be regularly calibrated and maintained to ensure they are functioning properly. A machine that is not calibrated can produce inaccurate results.
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Residual Alcohol in the Mouth: If a driver has recently used mouthwash, cough syrup, or other substances containing alcohol, the test could pick up residual alcohol in the mouth and show a higher BAC than what is actually present in the bloodstream.
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Breathing Patterns: Hyperventilating or holding your breath before blowing into the device can skew the results. A deeper breath can produce a higher BAC reading because it pulls air from deeper in the lungs where alcohol concentration may be higher.
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Body Temperature: Elevated body temperature, whether due to a fever or environmental factors, can increase the amount of alcohol detected in a breath test.
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Health Conditions: Certain medical conditions, such as diabetes or GERD (acid reflux), can interfere with breathalyzer results. Diabetics, for example, produce ketones that can mimic the effects of alcohol in breath tests.
Legal Significance of an EBT
The results from an EBT can have serious legal consequences. A positive test result can lead to arrest, driver's license suspension, fines, and jail time depending on the severity of the offense. The EBT results are typically used as primary evidence in court to prove a DUI charge. That's why it's essential to understand the test's accuracy and potential issues that can arise.
Challenging an EBT Result
Just because the results of an EBT are presented in court doesn't mean they can't be challenged. Here are several ways an EBT result can be disputed:
1. Improper Administration
One of the key defenses is whether the EBT was administered properly. For instance, if the officer did not follow proper protocol, the results could be invalid.
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When they are administered: EBTs should be given at the right time during a traffic stop or investigation. If the test was given too soon or too late after you were pulled over, the results might not accurately reflect your BAC at the time you were driving.
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How they are administered: Officers are required to observe you for a certain period before the test (usually 15-20 minutes) to ensure that you haven't eaten, vomited, or used any substances that could affect the results. If this protocol was not followed, it can be grounds to challenge the result.
2. Equipment Malfunction or Improper Maintenance
If the breathalyzer machine wasn't properly calibrated or maintained, it could yield inaccurate results. Your attorney can request maintenance records to verify if the equipment was in working order at the time of your test.
3. Environmental and Health Conditions
Environmental factors or health conditions can cause false positives in an EBT. For instance, if you were exposed to certain chemicals or have a condition like GERD, your test results may not be valid.
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Environmental Factors: Strong fumes, such as paint or gasoline, can sometimes interfere with breathalyzer readings. If you were exposed to such substances, it's important to bring this up in your defense.
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Medical Conditions: Health issues like diabetes, acid reflux, or even fasting (which produces ketones in the body) can interfere with EBT readings and give false positives.
4. Lack of Probable Cause
Before an officer can administer an EBT, they must have a valid reason to stop you, such as swerving or speeding. If the officer did not have probable cause to pull you over in the first place, any evidence gathered afterward (including EBT results) can be dismissed.
What Happens If the Test Is Unreliable?
If it can be shown that the EBT results are unreliable due to improper administration, equipment failure, or other factors, the test results may be thrown out in court. This could significantly weaken the prosecution's case and increase your chances of avoiding a DUI conviction.
What Happens If the Driver Refuses to Take the Test?
Refusing to take an EBT can have legal consequences as well. Under implied consent laws, by driving on public roads, you agree to submit to a chemical test if lawfully asked by an officer. Refusal to take the test can lead to an automatic license suspension, and it may be used as evidence against you in court. However, a refusal does not automatically mean you will be convicted of a DUI—it just makes the case more complicated.
Conclusion
An evidentiary breath test is a powerful tool in DUI cases, but it is not without flaws. Improper administration, faulty equipment, environmental factors, and medical conditions can all affect the accuracy of the results. If you're facing DUI charges and the EBT is a key part of the case against you, it's essential to understand how the test works and how its results can be challenged. Consulting with an experienced DUI attorney can help you build a strong defense and potentially contest unreliable or improperly gathered evidence.
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