During a DUI stop, the most common test which the police officer will ask the driver is to submit to a breath test. In some cases the police may take the driver to a nearest test center or a hospital, to submit a saliva, blood or urine sample, to get an accurate measure of the Blood Alcohol Concentration (BAC). However, if the breath test is not taken correctly, it can end up measuring the level of alcohol incorrectly, leading to a DUI charge. Due to this reason, alcohol breath tests are considered unreliable in most states, and your DUI defense lawyer can challenge a breath test report in court for inaccuracy.

Why are breath tests inaccurate?

There could be several reasons for a breath test to be unreliable, which are discussed below. Basically, a breath test measures the level of alcohol present in the lungs, and exhaled through breath. When a driver is asked to breathe into the breathalyzer or an Intoxilyzer, any residual air in the mouth can give a mistakenly high level of BAC. Other environmental factors can also affect the accuracy of a breath test, such as temperature, body weight and eliminating capability of the body etc.

Temperature of the breath

An accurate breath test works when the breath is at 34 degrees centigrade. However, studies show that breath temperature varies from 35.5 centigrade to as high as 37 centigrade from person to person, which can result in low or too high results on the breathalyzer. Normally, the results can vary from 10% to 20% from the actual reading due to a change in temperature.

Metabolism rate of the person

Every persons body has a different metabolism rate, which can end up giving high or lower levels of alcohol. Two people with varying metabolic rates will have different levels of BAC if a person has a slower metabolism, and the other one has a faster metabolism. Usually, people with slower metabolisms show higher levels of BAC than those with a faster metabolism, even if they took equal number of drinks. Similarly, the absorption rate of alcohol differs from person to person, and also if the drink was taken on an empty stomach or with some food.

Most breath tests assume that the person is “post absorptive” i.e. alcohol is no longer being absorbed into the blood stream from the person’s digestive tract. People with slower metabolism, or those who have had food along with the drink might still be absorbing alcohol into the blood stream at the time they are stopped as a suspect for DUI. People with slower metabolisms will get rid of alcohol slowly from their blood stream, and hence can end up with a very high BAC level.

Taking a breath test after belching, hiccupping or vomiting

In the case if the driver was hiccupping, belching or even vomiting prior to taking a breath test, chances are that he/she will have a higher level of alcohol on the breath. Therefore, it is the duty of the police officer to ensure and observe that the driver has not belched, hiccupped or vomited during the past 15 minutes before a breath test is carried out. If care is not taken in this regard, your DUI lawyer can defend you in court using this as the basis of defense.

Use of dentures and problems in the mouth

If the driver being tested for breath alcohol levels uses dentures or has any other problems associated with the mouth, it can trap alcohol in the mouth, causing the BAC results to be inaccurate and high. Again, this can be challenged in court and used as a defense strategy by your DUI attorney, to help you win the case.

Similarly, if a person has chemical compounds which are naturally present in the mouth, it can affect the BAC reading. The breathalyzer not only registers the level of alcohol molecules called ethyl alcohol, but it also measures other natural compounds present in the breath which can inflate the BAC reading.

How your DUI lawyer can defend you

If you have been charged with a DUI, your best DUI lawyer will be trained and knowledgeable about how to deal with the inaccuracies of breath tests. If the prosecutor uses the results of the breathalyzer as proof against you, it can be proved as unreliable and inaccurate.

Cough medicine.  What a handy, good tasting drug.  Would you try it?  Probably not, but your teen might.  In fact even if your child is the ideal role model for other kids, he may still take a sip out of that bottle.  So don’t put your head in the sand believing it may never happen to your teen because you don’t want to be surprised.

Why would your child experiment with drugs by drinking cough syrup or taking cough pills?  It’s easy for them, their friends, and for parents not to think of it as a drug.  It’s quick to get over-the-counter at the supermarket or from your bathroom cabinet.  Kids can pass it easily from one kid to another or take it in their bedroom while you think they’re texting their BFF.  It’s a way for teens to dip into trying drugs without taking it too seriously.  Come on, the bottle is full of fun colored sryupy sweet stuff, if it tastes like candy it’s gotta be okay, right?

What do you think the average age is of the youngest abuser?  12.  Studies show that teens age 12-17 are the most likely abusers.

As it turns out, since the media started mentioning the drug like effects that can occur by downing a bottle of cough syrup, some kids have seen it as “the thing to do”.  And if it’s the thing to do, then you can bet there will be other kids pressuring your kid to do it.  In fact more schools are reporting problems with teens abusing cough medicine, and drug rehab centers are seeing more people in need knocking on their doors.  However by the time the teen seeks help from an inpatient or outpatient rehab facility he’s often moved on to primary drugs like alcohol and marijuana and gulps down cough syrup to supplement the buzz.

Why is it important to tell your teen, “just say no to drugs”?  And what kind of high do these kids want?  What they’re seeking and what occurs can be two different things.  What occurs is drowsiness. (This seems counter productive because if they want to experience a high, don’t they want to be awake for it?)  What else?  Hallucinations and severe behavioral changes.  However, if you think behaviorial changes might not be so bad for your kid, try this on.  How about a little psychosis?  A loss of contact with reality, but not the fun kind, the scary kind.  A delusional belief or two.  Feelings of depression or manic feelings.  How about bizarre behavior and just for kicks problems living day to day.  If you still haven’t mustered up the nerve to tell your child to just say no to cough syrup, how about this?  You could be the parent, like other parents, who is called to the hospital by surprise to see your child writhing around on a gurney asking you who they are and who are you!

What might come afterward, after the dust has settled and your child comes home?  Perhaps alcohol rehab, a rehab video, alcohol detoxification, drug addiction rehab, depression treatment, or the need to overcome anxiety from the situation.

So what can you do?  Teach your child ahead of time about drugs.  Teach your child how to set boundaries and feel good about themselves after the boundary has been set.   And, keep an open line of communication, always.

Alcoholism.  It’s a hard illness to have and a hard topic to talk about.

Alcoholism is a chronic illness that occurs when your body becomes dependent on alcohol.  You are unable to control your urges to drink despite the fact that your actions might be negatively affecting yourself and others.

There are those whose excessive drinking causes problems to their health and their social life but they have not lost control over their behavior.  This is called “alcohol abuse”.

Alcohol addiction and abuse is treatable through medications, self-help groups, and counseling among other therapies.

Many alcoholics deny they have a problem.  The following is a list of some signs to look for for both alcoholism and alcohol abuse.

• Do you keeping alcohol in secret places like the car or at work?
• Is your drinking negatively effecting your workplace productivity, relationships and finances?
• Are you “blacking out”.  Not remembering commitments or people you’ve spoken with?
• Are you losing interest in things you used to enjoy?
• Are you drinking by yourself?
• If you have no alcohol do you experience physical withdrawals like shaking and sweating?

If you are not sure whether you have a problem ask yourself these four questions.

• Do you drink alcohol first thing in the morning?
• Do you get frustrated when others comment on your drinking practices?
• Do you have a bad conscience about your drinking?
• Do you think that you’re drinking too much?

A yes answer to two, or maybe even one, of those questions above indicates that you likely have a problem.

Addiction to alcohol happens slowly.  By drinking excessively, over time, chemicals in the body change so that the body craves alcohol to make it feel better again.

There are a variety of causes that can make one more susceptible to problems with alcohol.  These include genetics and emotional well being.  For instance, concerning emotional well being, problems can include office stress, anxiety sometimes accompanied with anxiety attack symptoms, different types of depression and stress.  Plus if you are around others who drink and help create an atmosphere of tolerance then it could be harder for you to decrease your drinking.

There are several risk factors.  These include history in the family of this illness, sex (women are less likely then men to become addicted), your genes, if you started drinking by age 16 (you are more likely to have a more severe problem if you start drinking by age 16 or earlier).  And if you have mental disorders including depression, anxiety or attention-deficit/hyperactivity disorder.  In fact, those with mental illness may create their own depression treatment or ways to overcome anxiety by trying to drink away their painful feelings.

There is not an alcohol test to diagnose whether you are an alcoholic.  In order to find out if you have an alcohol problem you will need to have at least a few of the symptoms as listed in the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders (DSM).

If you are having adverse side effects from alcohol but are not dependent then the goal of treatment is to decrease problems related to alcohol.  These can include psychological therapy or brief intervention, possibly from an alcohol-abuse specialist who may come up with a treatment plan.  Other interventions can include behavior modification techniques, goal setting and self-help manuals.  If you have alcoholism then treatment at a rehab center and alcohol detox might be necessary, plus you will need to stop drinking alcohol permanently in order to have increasing productivity.  But there are medications and other methods to help you along the way.