Can a Breath Test Give a False Positive? Understanding DUI Testing in Columbia, SC

 

If you’ve been pulled over on suspicion of driving under the influence (DUI) in Columbia, South Carolina, you may be asked to take a breath test. While these tests are generally reliable, it’s crucial to understand that they’re not infallible. At Thompson & Hiller Defense, our experienced DUI defense attorneys, Lacey Thompson and Laura Hiller, often encounter cases where breath tests have given false positive results. Let’s explore this important topic and what it means for you if you’re facing a DUI charge in Columbia.

 

What is a Breath Test and How Does it Work?

 

A breath test, often referred to as a breathalyzer test, is a device used by law enforcement to measure the concentration of alcohol in a person’s breath. The device then uses this measurement to estimate the blood alcohol concentration (BAC). In South Carolina, the legal BAC limit for driving is 0.08%.

 

Breath testing devices typically use one of two technologies:

 

1. Fuel cell technology: This measures the electrical current produced when alcohol is oxidized.
2. Infrared spectroscopy: This identifies alcohol molecules based on how they absorb infrared light.

 

While these technologies are advanced, they’re not perfect, which leads us to the question at hand.

 

Can a Breath Test Really Give a False Positive?

 

The short answer is yes, breath tests can indeed give false positive results. A false positive occurs when the test indicates a BAC above the legal limit for someone who is actually below that limit or hasn’t consumed alcohol at all. This can happen for several reasons:

 

1. Residual mouth alcohol
2. Medical conditions
3. Dietary factors
4. Environmental interferents
5. Improper calibration or use of the device

 

Let’s examine each of these factors in more detail.

 

Factors That Can Cause False Positive Breath Test Results

 

1. Residual Mouth Alcohol

 

If you’ve consumed alcohol very recently before the test, residual alcohol in your mouth can lead to an artificially high reading. This is why officers are supposed to observe a waiting period before administering the test.

 

2. Medical Conditions

 

Certain medical conditions can affect breath test results:

 

– Acid reflux or GERD: These conditions can cause alcohol from the stomach to return to the mouth, leading to higher readings.

– Diabetes: In some cases, diabetics may have acetone on their breath, which can be mistaken for alcohol by some devices.

 

3. Dietary Factors

 

Surprisingly, some foods and drinks can affect breath test results:

 

– Some breads and pastries

– Energy drinks

– Certain fruits

– Non-alcoholic beer (which can contain trace amounts of alcohol)

 

4. Environmental Interferents

 

Chemicals in the environment can sometimes interfere with breath test results. This could include:

 

– Paint fumes

– Cleaning products

– Gasoline vapors

 

5. Improper Calibration or Use

 

If the breath testing device isn’t properly calibrated or used correctly, it can give inaccurate results. This is why it’s crucial for law enforcement to follow strict protocols when administering these tests.

 

What Are the Consequences of a False Positive Breath Test in Columbia, SC?

 

A false positive breath test can have serious consequences. In South Carolina, if your breath test shows a BAC of 0.08% or higher:

 

1. You can be arrested and charged with DUI
2. Your license may be suspended
3. You could face fines, jail time, and mandatory alcohol education programs if convicted

 

Even if the test result is later proven to be false, the immediate consequences of arrest and the stress of facing charges can be significant.

 

What Should You Do If You Believe You’ve Received a False Positive?

 

If you believe you’ve received a false positive result on a breath test in Columbia, SC, here are some steps to take:

 

1. Remain calm and polite, but do not admit to drinking.
2. Make note of any factors that could have affected the test (recent medications, medical conditions, etc.).
3. If possible, request a blood test for a more accurate reading.
4. Contact an experienced DUI defense attorney as soon as possible.

 

How Thompson & Hiller Can Help

 

At Thompson & Hiller, our Columbia, SC DUI defense attorneys have extensive experience dealing with breath test cases, including those involving potential false positives. If you’re facing a DUI charge based on a breath test, we can help by:

 

1. Investigating the circumstances of your arrest and the administration of the breath test
2. Challenging the validity of the test results
3. Exploring potential reasons for a false positive result
4. Negotiating with prosecutors for reduced charges or dismissal when appropriate
5. Representing you in court and fighting for the best possible outcome

 

Your Rights in Columbia, SC

 

It’s important to understand your rights when it comes to breath tests in South Carolina:

 

1. You have the right to refuse a roadside preliminary breath test (PBT).
2. Refusing a breath test at the police station after arrest can result in automatic license suspension under SC’s implied consent law.
3. You have the right to request an independent blood test after submitting to the state’s test.
4. You have the right to speak with an attorney before deciding whether to take the test.

 

Conclusion: Don’t Let a False Positive Derail Your Future

 

While breath tests are a common tool in DUI enforcement, they’re not infallible. False positives can and do occur, potentially leading to unjust DUI charges. If you find yourself facing a DUI charge in Columbia, SC, especially if you believe the breath test gave a false positive, it’s crucial to seek experienced legal representation.

 

At Thompson & Hiller, we understand the science behind breath tests, the potential for false positives, and how to challenge these results in court. We’re committed to protecting your rights and fighting for the best possible outcome in your case.

 

Remember, a DUI charge based on a breath test is not the same as a conviction. With the right legal strategy, it’s possible to challenge the validity of the test and potentially have the charges reduced or dismissed.

 

If you’re facing a DUI charge in Columbia, SC, don’t wait. Contact Thompson & Hiller today for a consultation. Let us put our experience and knowledge to work for you, ensuring that a potentially false positive breath test doesn’t negatively impact your future.