You followed your doctor's orders and took your prescribed medication as directed. Later that evening, you were pulled over after dinner with friends. Despite having just one glass of wine hours earlier, the police officer asked you to take a breathalyzer test. To your shock, the reading came back well above the legal limit. Now you're facing DUI charges in Chesapeake that could affect your job, your driving privileges, and your future.
We understand that breathalyzer tests aren't always accurate, especially when certain medications are involved. As a Chesapeake DUI defense lawyer, James E. Short can examine whether your medications may have contributed to a false positive breathalyzer reading and build a strong defense strategy to fight these charges.
How Medications Can Affect Breathalyzer Results
Breathalyzer devices are designed to detect alcohol, but like other field sobriety tests, they aren't perfect. Many common medications contain compounds that can be mistaken for alcohol, leading to false positive breathalyzer results.
Asthma Inhalers
Asthma inhalers, particularly those containing albuterol, can produce false readings because they contain chemicals with molecular structures similar to ethanol. When used shortly before a breathalyzer test, residual medication in your mouth may register as alcohol.
Cough Syrup
Cough syrups and liquid medications often contain small amounts of alcohol as a preservative. Popular brands like NyQuil contain up to 10% alcohol, enough to potentially impact a breathalyzer reading.
Acid Reflux Medicine
Acid reflux medications can influence test accuracy by changing the pH level in your mouth. This chemical change can cause compounds in your breath to register differently on the device.
Diabetes Medication
Diabetes medications can lead to false positives because they may cause ketosis, a process that produces acetone in the breath. Some breathalyzers cannot distinguish between acetone and alcohol, leading to inaccurate readings.
Everyday Products That May Trigger False Positive Breathalyzer Readings
Beyond prescription medications, everyday products can affect breathalyzer results and potentially lead to a DUI charge in Virginia.
Mouthwashes and Breath Fresheners
Mouthwashes and breath fresheners typically contain high alcohol concentrations, sometimes as much as 27%. According to Virginia case law, officers should observe a 15-minute waiting period before administering a breathalyzer test to allow mouth alcohol to dissipate, but this doesn't always happen.
Cold and Flu Medication
Cold remedies often contain alcohol or compounds that breathalyzers mistake for alcohol. During cold and flu season, many drivers don't realize these medications could put them at risk during a traffic stop.
Health Conditions
Certain medical conditions can also lead to false positive breathalyzer readings. Gastroesophageal reflux disease (GERD) and acid reflux can cause stomach contents to rise into the esophagus and mouth, potentially including alcohol from recently consumed food or drinks. Diabetes can cause your body to produce ketones that some breathalyzers misread as alcohol.
Building a Strong Virginia DUI Defense Strategy
When medications or medical conditions may have affected your breathalyzer results, several defense strategies might apply to your case.
Breathalyzer Test Administration
Under Virginia Code § 18.2-268.9, breathalyzer tests must be administered according to specific protocols. This includes a required observation period before testing to ensure mouth alcohol doesn't affect results. If the officer failed to wait the required time after you used an inhaler, took medication, or ate something, we can challenge the test's validity.
Device Calibration
The accuracy of the device itself can be questioned. Breathalyzers require regular calibration and maintenance to function properly. We can request maintenance records to determine if the device that tested you was properly maintained.
Medical Support
Providing medical documentation of your prescriptions and conditions can strengthen your Virginia DUI defense strategy. Medical records showing you take medications known to affect breathalyzer results or have a condition like GERD or diabetes can cast doubt on the reliability of your test results.
Expert Testimony
Expert witnesses, such as toxicologists or pharmacologists, can explain to the court how specific medications interact with breathalyzer technology. Their expert testimony can help establish reasonable doubt about the accuracy of your test results.
What to Tell Your Chesapeake DUI Defense Lawyer
If you're facing DUI charges and believe medications may have affected your breathalyzer results, complete disclosure to your Chesapeake DUI defense lawyer is essential for an effective defense.
- Be prepared to discuss all medications you take, both prescription and over-the-counter. Bring a complete list to your initial consultation, including dosages and when you last took each medication before your arrest.
- Your medical history, including conditions like diabetes, GERD, or respiratory issues, could be relevant to your defense. Share any diagnoses that might affect breath test results.
- The timing of medication usage in relation to your traffic stop is critically important. Try to recall exactly when you took medications or used products like inhalers or mouthwash before your breathalyzer test.
At James E. Short, PLC, we understand the stress and uncertainty of facing DUI charges based on potentially inaccurate breathalyzer results. With proper legal representation focused on the unique details of your case, we can work toward the best possible outcome.