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Eventually you’ll find oneself in this situation: you have had a couple of alcoholic beverages yet believe you are still sober enough drive an automobile. However, you’re arrested on suspicion of drunk driving and are offered the choice of taking a breath or blood test (or, in certain states, urine). Generally, when given the opportunity to pick the kind of test the officer offers, people opt for the breath analyzer test. This is not recommended unless you are sure you are within the legal limit or your destiny is all but closed with a conviction. Here are a couple things to remember while taking the test: (With any luck,, such measures could stop you from needing a Defense Attorney)

1. In case you smoke, you might want to pass on that Breathalyzer mouthpiece the officer is handing you. Research has showed that this may lead to false positives in which it inaccurately indicates that your blood-alchohol-level is higher than it really is, which may lead to undesired implications. This is because most breath analyzing gadgets will incorrectly report acetaldehyde as alcohol. So this kind of chemical substance is also made by your liver in small amounts while processing the alchohol that you consume. However, scientists have discovered acetaldehyde concentrations in the lung area of those that smoke are far greater than for non-smokers. Main point here: because the device can’t differentiate among this particular substance and the booze you have been consuming, if you’ve been using tobacco, simply avoid the breath test.

2. If you are a diabetic person with possible low blood glucose, it’s also wise to avoid the breath test. This is due to your body goes into a unique state whenever your blood sugar levels is truly low. During this time, the body creates a substance that will also be mistaken for alchohol in your breath. In other words, the Breath analyzer test will display substantial amounts of alcohol on a diabetic’s breath where there may be little or even not any. See “Diabetes, Breath Acetone and Breathalyzer Accuracy: A Case Study”, 9(1) Alcohol, Drugs and Driving (1993). What’s even worse is that people in this state of low blood sugar often feel effects similar to being intoxicated, such as inability to speak properly, clumsiness, and impaired vision. And the officer’s observations are quickly followed by a failing performance on DWI field sobriety tests.

3. Have you been on a low-carb eating routine? In this situation it would be wise to avoid a breath test for the aformentioned reasons. Completely normal, healthful people may encounter short-term problems of low glucose levels after consuming small quantities of alcoholic beverages, leading to overstated and unrealistic signs of intoxication. Fasting glycemia can exist where a person has not eaten in 24 hours or has been on a low-carbohydrate diet. Your whole body halts processing simple carbs whilst it attempts to metabolize alchohol. Result: the blood sugar level will drop, affecting the central nervous system — and producing symptoms of a person under the influence of alcohol and a higher breath test result.

4. Were you belching often? In that case, you ought to stay away from the breath test. This can be bad since you are likely bringing alchohol from your tummy (a place in which it is not affecting you yet since it hasn’t been absorbed by the bloodstream) to your throat and mouth where it will pass directly to the machine, making the reading much higher than it actually is. Certainly, you’ll want to refrain from this at any cost! The machine’s computer is multiplying the amount of alcohol in the breath sample by 2100 times to provide a reading of the alcohol in the blood. A wrongly made assumption by the machine is that your breath coming from your lungs and not your stomach. However, this isn’t always the case. The Breathalyzer doesn’t “understand” that the breath sample isn’t out of your lung area and that it should not multiply the alcohol level by anything. Result: fake high readings — and a Drunk driving conviction.

5. When you see that officer in the rear-view mirror, don’t reach for the mouthwash or breath spray to disguise the drink or two you’ve had. Most of them contain significant levels of alcohol (Listerine, for example is 27% alcohol) and create a mouth alcohol effect: they remain in the oral cavity for 20 minutes or so — just long enough to be breathed into the Breathalyzer, with the same results mentioned in number 4. Finally, some machines try to get around the issue of stomach air vs. lung air, however alchohol detecters specifically for the mouth are highly unreliable – so you’ll probably never see one.

If you are or get arrested for Drunk driving it is important to get the assistance of a DWI Attorney Houston as quickly as possible.

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