The Intoxilyzer 5000 breathalyzer machine doesn’t just catch drunk drivers. There are many factors other than alcohol that can influence a breathalyzer test result. As a result, many American drivers are at risk of getting a DWI, even if they haven’t been drinking.

How Does the Breathalyzer Work?

It is crucial to understand that the breathalyzer does not measure the alcohol content of blood. Only a blood test can measure blood content.

The breathalyzer actually measures electrical current. When a person has been drinking, this electrical current is produced when an ethanol (ethyl alcohol) is oxidized to acetic acid (vinegar) at the test site. The current is processed by the machine and then converted into an approximation of blood alcohol content.

Minnesota police use the Intoxilyzer 5000, an infrared radiation breath test machine. When a person breathes into the chamber, the device sends out an infrared beam of light through the breath sample. The machine then measures the wavelength of the beam of light. Chemicals oxidizing from the alcohol group absorb more light and will send a higher reading back to the machine.

The Breathalyzer and Diabetes

Acetone is a chemical compound naturally produced in the human body. It is also oxidized in the same way the body processes ethanol. The average person does not produce high enough levels of acetone to create a measurable reaction. However…

People with diabetes may have acetone levels hundreds or thousands of times higher than the average person. The infrared beam cannot distinguish between ethanol and acetone, so a person with diabetes could very easily get a false-positive breathalyzer test.

The Breathalyzer and the Low-Carb Diet

Diabetics aren’t the only people with high levels of acetone in their body. A ketogenic diet is a high-fat, high-protein, low-carb diet. The diet which burns the pounds rapidly also spikes acetone levels in the body. This can, and has, led to false-positive breathalyzer tests.

The Breathalyzer and Asthma Inhalers

Researchers have found that inhalers taken for asthma can produce high, inaccurate breathalyzer readings—even those inhalers without ethanol. In Spain, a research study on an infrared spectrometer (like the Intoxilyzer) produced startling results:

All of the test subjects had baseline results of zero. After a puff on the inhaler, every one of the participants had breathalyzer readings above the legal limit.

The Breathalyzer and Your Lungs

The infrared spectrometry breath test requires that a person breathe for 4-5 seconds, and that the volume of their breathe must be at least 1.5 liters. Studies have shown that people with smaller lung capacity can obtain highly inaccurate BAC levels or may be unable to register a reading at all and may be seen as refusing to test. Conditions that lead to smaller lung capacity include:
•Bronchitis
•Asthma
•Emphysema
•Fibrosis
•Scoliosis
•Any other congenital lung disease

The Breathalyzer, Fumes, and E85

In a study of fumes on the Intoxilyzer 5000, researchers sprayed paint in a room for 20 minutes while a subject wore a protective mask. The subject, a professional painter, was then given a breath alcohol test. Although a blood test showed no alcohol, the breathalyzer reading was 0.075—barely under the legal limit.

This study could also prove problematic for the growing number of drivers using E85 to fuel their vehicles. The ethanol-based fuel produces ethanol emissions which, if inhaled, could alter BAC results.

The Breathalyzer and Acid Reflux

People suffering from gastroesophageal reflux disease (GERD) have an increased risk of getting a false-positive result above the legal limit on a breath-alcohol test. Even if only a very small amount of alcohol is consumed, many GERD patients have tested above the legal limit of 0.08, placing them in danger of a DWI conviction.

Because of all the above factors it is essential that you contact a DWI defense lawyer if you are ever arrested for drunk driving.

Related sources:
 Clean Air Trust
 ABA Journal
 PRNewsWire.com
 University of Washington
 St. Louis College of Pharmacy
 Alcoholtest.com
 Bmj.com (British Medical Journal)
 International Journal of Obesity

False DUI Breath Test Because of Diabetes

You are here:Home » Arizona DUI Law » False DUI Breath Test Because of Diabetes
 

1 Aug, 2012
 
This is a Guest Post provided by the law firm, Price Benowitz, LLP.

Hypoglycemia, or low blood sugar can cause numerous side effects. Some of these include slurred speech, wobbling when walking, poor motor skills and increased acetone levels in the blood. For diabetics, a sudden drop in blood sugar can result in failed DUI blood and breath tests.

Questioning accuracy of breath tests

There have been suits where defendants in DUI cases have proven that breath tests are not always accurate. Because a breath test cannot discern between the types of alcohol on the breath, they can give a false positive reading. Some instances have been reported where someone who has not had anything to drink fails a test due to high acetone levels. Diabetics, people who have been working in areas where spray paint is being used, and someone who has recently eaten bread may have higher levels of acetone as well.

When you fail a field breath test

If you have failed a field breath test, it is important to notify the arresting officer that you are diabetic. In most cases, it is a good idea to ask for a blood test as well. However, it is important to note that a blood test may still show increased BAC levels if you are diabetic.

What you need to know about breath tests

There are some important things to remember about breath tests if you are stopped for a suspected DUI.
Check your state laws – In some states, you are required to submit to a breath test. Check with your Department of Motor Vehicles for the laws in your state. Other states allow you to refuse the breath test and opt for urinalysis or blood tests.
Breath tests do not measure BAC – BAC or blood alcohol counts cannot be determined by a breath test. These levels may only be obtained by blood tests.
False readings are possible – False DUI breath tests are possible if you are diabetic, if you have been smoking or eating or if you have jewelry in a tongue piercing.
Body temperature may play a role – Many people are unaware that an elevated body temperature may have an impact on breath tests. Some tests show that when body temperature is elevated by one degree, a breath test may show an increase of as much as eight percent.

If you are diabetic and stopped for driving under the influence, notify the officer that you are diabetic. If your state law allows you to refuse a breath test, it may be a good idea to do so. If you are arrested for DUI and you feel that your breath test provide a false positive result, contact an attorney right away.

Diabetes is a serious disease and most diabetics are unable to consume small amounts of alcohol without having a negative impact on their health. However, whether you have consumed any alcohol or not, you may still be the victim of a false DUI breath test. Make sure you know your rights.