Good and Bad Excuses for Failing Breathalyzer Test Results

Valid Reasons for a False Positive (and When Seeking Help for Alcohol is Best)

Did you know that you could fail the breathalyzer test even if you haven’t had a drop of alcohol to drink? A false positive is possible, and you might be able to build a solid defense for yourself if you can apply some of these excuses for failing breathalyzer test results in the heat of the moment.

False positive readings can result from improper calibration or lack of maintenance. Some medications, like asthma inhalers and over-the-counter cold medicines, also yield higher BAC readings. If you have acid reflux or have had sugary foods, acid buildup can read as mouth alcohol. Longer exhales following exercise and products containing alcohol (like mouthwash, breath mints, and oral gels) also appear.

Changes Healing Center offers an opportunity for you to seek help for alcohol and drug misuse. If you find yourself frequently behind the wheel while intoxicated, it’s time to get help for your safety and the safety of those around you. Here’s what you need to know about excuses and when to seek help.

8 Reasons Why You Could Get a False Positive Result

Maybe you know that your blood alcohol level is too high to be behind the wheel of the car. But there could be real consequences for driving under the influence, so you need a solid defense for why your breathalyzer results were inaccurate.

Fortunately, a knowledgeable attorney should be able to help you if you are questioned by local law enforcement. There are plenty of valid reasons for a false positive reading, starting with these.

1. Breathalyzer Isn’t Properly Calibrated

While environmental factors can be at play, perhaps the first avenue an attorney will take is to prove that the police officer took inaccurate readings. As with all technology, the breathalyzer unit requires regular calibration to yield accurate results in the field.

Most units require annual calibrations, but that isn’t always done.

Your attorney might be able to pull the records of the law enforcement agency and see when the last time their units were serviced was. If you had extremely high breathalyzer results and yet were able to pass the field sobriety test, it’s easy to call the unit itself into question.

2. Taking Certain Medications

A false positive breathalyzer test could result from your compliance with other medications. Some of the most common prescription medications will make it look as though you are over the legal limit on a breathalyzer test. For example, blood alcohol concentration looks higher if you take asthma inhalers or cold and flu drugs.

Many medications contain some alcohol content which can trigger a false positive. Check the label of anything you have recently taken, including cough drops, or keep the package on hand just in case you need it for positive breathalyzer readings.

3. Using Products Containing Alcohol

A false positive result on a breathalyzer test could be as simple as having used products containing alcohol. Blood tests and EtG urine testing for alcohol wouldn’t show these results, so you could demand further testing to prove your innocence.

What kind of products will push you over the threshold for a breathalyzer test to make you look guilty of driving under the influence? It could be as simple as having recently used mouthwash with alcohol in it, certain kinds of toothpaste, or even hand sanitizer. Look carefully at everything you have recently used with alcohol content.

Even the wrong type of breath mint could result in a false positive breathalyzer result!

4. Diet and Acid Reflux

Maybe you ate something that didn’t necessarily agree with your stomach. Did you know that food can lead to a false positive, even if it doesn’t actually contain alcohol? This is the case with fermented foods like kimchi and sauerkraut and foods with high sugar content like energy drinks.

However, another issue with your diet can yield a false positive: acid reflux. If you find that you have to belch frequently after meals and have heartburn, the acid reflux from the stomach coming up into your esophagus can have an interesting effect on a breathalyzer test.

If you had food and beverages that contained alcohol (even in small amounts), acid reflux causes it to move up the esophagus and can trigger a higher blood alcohol concentration on a test.

5. Recent Exercise and Longer Exhales

Exercise can alter your breathing patterns, especially if you’re engaged in high-intensity cardio. The issue is that exercise can also result in a larger exhalation as your body regulates breathing patterns. Research shows that those with greater exhale volume might see a higher blood alcohol concentration.

You could argue that your recent exercise (a healthy habit that might help you cope with drinking) can influence your DUI charges. If you think your BAC test will show positive, you could also try to exhale just enough to get a response on the unit.

6. Contamination of the Device

In addition to regular calibration, these devices must be cleaned and maintained. It’s possible that law enforcement might produce inaccurate readings simply because they haven’t cleaned the unit in some time. It might have residual alcohol from the person they tested before you.

These external factors can play a major role in proving your innocence and can mean the difference between a DUI conviction and dismissal.

If you can prove that the officer conducting the breathalyzer test didn’t maintain their device over the course of their shift, you might be able to argue your breathalyzer results as a false reading.

7. Oral Gels with Alcohol Content

Do you have a toothache or a sore inside your mouth that you’re treating with a gel? Unfortunately, many of these oral gels contain alcohol that can show up on your breath and in your breathalyzer test results even if you haven’t been consuming alcohol.

If you recently applied these types of gels or have a doctor’s note for them, you would have a legal leg to stand on. It isn’t enough to actually raise your blood alcohol content, but it could be just enough to push you over the legal limit for testing purposes.

8. Environmental Factors

Even if the device is properly maintained, there’s still a chance that your breathalyzer readings will be skewed due to environmental factors. Extenuating circumstances could mean positive readings, such as being surrounded by paint fumes or adhesives.

If you’re tested near a construction site, you might be able to use this excuse. Check for ventilation in the area where you’re tested to see if it could interfere with the testing process.

When Should You Seek Help for Alcohol Addiction?

Maybe you know that your most recent test wasn’t a false positive, as much as you hate to admit it. It might be time to consider seeking detox for drinking, and assess the options for help.

Medical conditions like alcohol use issues should be treated with care and professional attention to detail.

Here are a few signs you might need to seek help for substance use disorder:

• Drinking more or longer than intended
• Unable to stop drinking, even if you want to
• Spending too much time drunk, drinking, or recovering from alcohol intake
• Interference with family and job responsibilities
• Giving up hobbies and pleasurable activities in order to drink
• Finding yourself in situations where you or someone else could get hurt due to drinking
• Suffering from depression, anxiety, and blackouts
• Having withdrawal effects when you stop drinking

Even if you think you could pass breath tests, these reasons for seeking treatment might ring true for you. You don’t have to keep making excuses for your drinking. Changes Healing Center is here to help you through medical detox, residential treatment, and aftercare.

Get the Help You Need at Changes Healing Center

Consuming alcoholic beverages frequently or in excess could prove problematic for you. After all, 28.9 million people have had alcohol use disorder in the past year. Even if your blood alcohol level isn’t high enough for a positive result, you might consider seeking help now at Changes Healing Center.

We offer around-the-clock care in our detox and residential treatment programs so that you get the support you need when you need it. It takes a few minutes to call us, verify your insurance benefits, and enroll with a team member so that you can get the help you need.

Don’t let another day pass you by without getting the help you need for substance use!

References

1. Bosch X. (2002). Using asthma inhalers can give false positive results in breath tests. BMJ : British Medical Journal, 324(7340), 756.
2. Booker, J. L., & Renfroe, K. (2015). The Effects of Gastroesophageal Reflux Disease on Forensic Breath Alcohol Testing. Journal of forensic sciences, 60(6), 1516–1522.
3. Anderson, J. C., & Hlastala, M. P. (2019). The alcohol breath test in practice: effects of exhaled volume. Journal of applied physiology (Bethesda, Md. : 1985), 126(6), 1630–1635.
4. U.S. Department of Health and Human Services. (n.d.). Treatment for alcohol problems: Finding and getting help. National Institute on Alcohol Abuse and Alcoholism.
5. U.S. Department of Health and Human Services. (n.d.-a). Alcohol use disorder (AUD) in the United States: Age groups and demographic characteristics. National Institute on Alcohol Abuse and Alcoholism.