Even if you fail a Breathalyzer test, it is still a good idea to get a lawyer to represent you during your criminal case. This is because, in some instances, there are serious flaws with the Breathalyzer machine and other testing equipment, resulting in a false reading.
If you are facing charges of DUI or impaired driving in Calgary, the criminal defence lawyers at Bourdon Defence can help. Our legal team can review the breathalyzer result in question, as well as all of the other circumstances involved, and develop a plan for defending your case in court.
Calgary DUI Limits and Potential Penalties
DUI convictions are based largely upon a person’s blood alcohol concentration (BAC), as measured by a Breathalyzer or other device immediately after operating a motor vehicle. A BAC of over 0.08, for example, can result in criminal charges, including fines and a licence suspension. Even if you are found to have a BAC ranging from 0.05 to 0.08, you can still face some consequences, including a licence suspension, seizure of your vehicle, and towing/impound costs.
How a Breathalyzer Works
In most cases, Breathalyzer machines do a reasonably good job of nailing down a driver’s BAC. However, these machines are not infallible. Breathalyzers are complex machines that use infrared technology to measure a driver’s deep lung air and compare that with the amount of blood in the driver’s bloodstream at a certain time.
Defective Machines
In some cases, Breathalyzer devices are simply defective, and they fail to obtain an accurate reading. If you believe that you only had a very small amount to drink prior to getting behind the wheel, it may be worth investigating the Breathalyzer instrument and making sure that it was in working order at the time of your test. If the investigation shows that it was not, you may have a solid defence to your DUI charge.
Health Conditions
Believe it or not, certain health conditions can result in a false Breathalyzer reading. One such health condition is acid reflux disease, otherwise known as gastroesophageal reflux disease—or GERD. Acid reflux can occur when a person’s stomach contents (which may include alcohol) moves up to the esophagus through the stomach. If the driver suffers from acid reflux disease chronically, then there may be a permanent presence of alcohol in his or her mouth. Since Breathalyzer instruments are not equipped to tell the difference between deep lung air and other types of air, the breath sample collected could have originated from the driver’s throat or mouth, resulting in a false positive.
Contact a Calgary DUI Defence Lawyer Today
The criminal defence lawyers at Bourdon Defence may be able to help you defend your DUI case—even if you failed a Breathalyzer test. To schedule a free consultation and case evaluation with a Calgary DUI defence lawyer, please call us today at (403) 474-4143, or contact us online.