R. Todd Bennett, P.C. Board Certified, Criminal Law. Texas Board of Legal Specialization.

Call Now: 713-489-7763

Se habla español

  • Home
  • Attorney
    • Bennett, R. Todd
  • Practice Areas
    • Sex Offenses
    • DWI Defense
    • Gun/Weapon Offenses
    • Probation Violations
    • White Collar Crime
    • Environmental Crimes
    • Drug Charges
    • Assault/Violent Crimes
    • Theft/Fraud Charges
    • Family Violence/Domestic Violence
    • Federal Crimes
    • Expunction & Sealing Your Criminal Record
  • Testimonials
  • Blog
  • Contact
R. Todd Bennett, P.C. Board Certified, Criminal Law. Texas Board of Legal Specialization.
713-489-7763
  • Home
  • Attorney
    • Bennett, R. Todd
  • Practice Areas
    • Sex Offenses
    • DWI Defense
    • Gun/Weapon Offenses
    • Probation Violations
    • White Collar Crime
    • Environmental Crimes
    • Drug Charges
    • Assault/Violent Crimes
    • Theft/Fraud Charges
    • Family Violence/Domestic Violence
    • Federal Crimes
    • Expunction & Sealing Your Criminal Record
  • Testimonials
  • Blog
  • Contact

Criminal Defense Services Grounded In Decades Of Experience

Photo of R. Todd Bennett
Attorney R. Todd Bennett
  1. Home
  2.  » 
  3. Blog
  4.  » 
  5. 5 Things that could skew a breathalyzer test

5 Things that could skew a breathalyzer test

On Behalf of R. Todd Bennett, P.C. | Feb 5, 2019 | Blog, Criminal Defense, DWI Defense |

Breathalyzers may be incorrect up to 50 percent of the time when compared with the results of an actual blood test, according to the National Motorists Association. Considering that breathalyzers are the main indication police officers use to make a DUI arrest, this margin of error is concerning.

Some sources have even reported at least 23 percent of drivers who are charged with a DUI are arrested on an inaccurate breathalyzer score. Here are five common reasons why breathalyzer tests could be inaccurate.

1. What’s in your mouth

Low-cost breathalyzers are likely to have more basic features. If the quality is especially low, the devise’s sensitivity may trouble distinguishing alcohol from other chemicals that have been in your mouth.

Chemical compounds in the mouth from vomit, acid reflux, mouthwash or blood could throw off the results of a breathalyzer test.

2. User error

Breathalyzer tests that are not properly administered also pose a risk of skewing the score. If the person being tested is breathing unevenly, burps or hiccups, the device won’t have a full, uncontaminated breath to examine.

3. When you consumed the alcohol

Alcohol is not fully absorbed into the body in an instant. Depending on how long ago it was ingested, the breathalyzer reading may or may not be able to catch the full BAC the person being tested will reach.

4. Different types of breathalyzers

There are different grades of breathalyzers and different types of technologies used to make them. Electrochemical fuel-cell technology has the most success with producing accurate results.

5. Technology malfunction

Breathalyzers are not opposed to the same technology malfunctions any other device may experience, especially if they get wet, hot, cold or low on power.

Fight false DUI charges

If you believe that the results of a breathalyzer have lead you or someone you know to face unjust DUI charges, contact a criminal defense attorney to get help with your case. A lawyer can help you prove the inaccuracies of the evidence by building an expert defense case.

Categories

  • Assault
  • Blog
  • Criminal Defense
  • Domestic Violence
  • Drug Charges
  • Drunk Driving
  • DWI Defense
  • Fraud
  • Theft & Property Crimes
  • Theft Charges
  • Uncategorized
  • Violent Crimes

Archives

Recent Posts

  • I made an honest mistake. Will I face insurance fraud charges?
  • Will a Texas shoplifting charge show up on a background check?

Subscribe To This Blog’s Feed

Let’s Discuss Your Situation

I welcome your emails, but I’d love to talk to you, too, so please call me at: 713-489-7763

R. Todd Bennett, P.C. Board Certified, Criminal Law. Texas Board of Legal Specialization.

1545 Heights Blvd. Suite 600
Houston, TX 77008
Houston Office

713-489-7763
  • Follow
  • Follow
  • Follow
Review Us

*The Best Lawyers in America is one of the oldest and most respected peer review publications in the legal profession.

**AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.

Payment - Accepts Visa and MasterCard

© 2026 R. Todd Bennett, P.C. • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw