Can Breathalyzer Test Results Be Wrong?

Web Admin - Thursday, February 11, 2016

breathalyzer test results, Illinois Criminal Defense Attorney Many people who are facing DUI charges wonder if there was something wrong with the breathalyzer device they used when they were pulled over and arrested. How likely is it that breathalyzers give false positive readings? 

While breathalyzer testing is more accurate than other subjective field sobriety tests, breathalyzer tests can still be incorrect or inaccurate. If you believe that the breathalyzer test results that you gave prior to your DUI arrest are inaccurate, it is imperative to secure legal representation immediately.

Breathalyzer Testing

When you are pulled over in Illinois, and the police officer has a reasonable suspicion that you are intoxicated behind the wheel, the officer can administer a breathalyzer test. A breathalyzer test is a chemical test that assesses how much alcohol vapor is on the breath of the individual taking the test. This data generally correlates to an individual’s blood alcohol concentration level. 

Under Illinois’ Zero Tolerance law, 625 ILCS 5/11-501.8, any underaged driver who has a blood alcohol concentration reading of 0.01 or higher will lose his or her license and be arrested. Under Illinois DUI laws for individuals over the age of 21, 625 ILCS 5/11-501, drivers with a BAC of 0.08 are presumed to be driving while under the influence of alcohol.  

Illinois is an implied consent state, meaning that by using the roads in Illinois a driver automatically consents to be subjected to chemical testing when suspected of driving under the influence of alcohol. Individuals do have a right to refuse a breathalyzer test, but there are steep consequences for refusal. For instance, when a person refuses to take a breathalyzer test, his or her driver’s license is automatically suspended in accordance with 625 ILCS 5/6-203.1. 

Why Can Breathalyzer Test Results Be Incorrect?

There are a number of reasons why breathalyzer test results can be inaccurate. If one of the following scenarios applies to you and your breathalyzer test, you should consult with your DUI criminal defense lawyer to see if you can build a viable defense based on your situation. Breathalyzer test results could be inaccurate because:

- The breathalyzer device may be malfunctioning;

- Law enforcement improperly administered the test;

- Law enforcement failed to calibrate the breathalyzer device before it was used;

- You may have a health condition that makes you give a false reading on a breathalyzer test; or

- You consumed or used alcohol, but not of the type that could make you drunk or unable to operate a vehicle. Examples might include:

- Consuming cough medicines that contain high levels of alcohol;

- Wearing certain lip plumpers on your lips;

- Using certain vaping products (i.e., electronic cigarettes or e-cigs), which contain alcohol and can be so concentrated on the breath of a user that the user can produce a measurable reading on a breathalyzer; and

- Using certain mouthwash or breath sprays, which can artificially raise a person’s breath alcohol content. 

If you are facing DUI charges or you have reason to believe that the chemical testing administered to you prior to your or DUI arrest is inaccurate, please speak with an experienced Illinois criminal defense attorney today. Our firm serves the communities of the northwest suburbs, including Inverness, Arlington Heights, Long Grove, Barrington, South Barrington, Riverwoods, and Mount Prospect. 





Recent Posts


Riverwoods estate planning lawyer criminal defense Barrington litigation attorney employee rights workers compensation benefits Illinois trucking safety workplace sexual harassment Schaumburg civil litigation attorney insurance disputes Crystal Lake will lawyer trauma after an accident Illinois medical malpractice lawyers Rolling Meadows business lawyer Crystal Lake civil litigation lawyer insurance claim dispute insurance agent negligence boating DUI Palatine probate lawyer problem employees Schaumburg probate attorney Rolling Meadows probate lawyer trucking accidents Mount Prospect elder law attorney rest breaks meal breaks comparative negligence Illinois defective products attorney Rolling Meadows drug defense attorney institutional trustee Palatine personal injury lawyer motorcycle accident lawyer Inverness personal injury attorney IRA trust transfer car crash Chicago trucking accident attorney hit and run accident Legal Info unpaid overtime marijuana Des Plaines injury law firm Crystal Lake car accident attorney Illinois injury lawyer DUI penalities fault based insurance probate process pet law Rolling Meadows insurance attorney Crystal Lake accident attorney Des Plaines personal injury lawyer drugs pregnant women coronavirus Illinois boating accident lawyer DUI defense Des Plaines motorcycle accident attorney Crystal Lake traffic lawyer Mount Prospect real estate lawyer Illinois Transfer on Death Instrument manufacturing car accident lawyers real estate closing new real estate form Arlington Heights wills and trusts lawyer Chicago lawyer School Visitation Rights Act Des Plaines insurance attorney rollover car crashes living trust vs will IRS Inverness traffic law firm dram shop law Illinois rollover accident lawyers child safety drug possession eluding a police officer traumatic brain injuries Arlington Heights insurance attorney modern family estate planning nursing home negligence personal injury accidents Illinois Trust Code real estate distracted driving accident victims BAC field sobriety test Rolling Meadows criminal attorney dealing with problem employees Home Remodeling Repair Act social media after death Buffalo Grove traffic attorney Inverness real estate attorney license suspension boating under the influence Illinois home inspection Long Grove real estate attorney Deer Park accident attorney Chicago car accident lawyer Crystal Lake employment law attorney Schaumburg injury lawyer Des Plaines pet law attorney suspended license traffic tickets pain and suffering Class A misdemeanor Buffalo Grove car accident lawyer estate tax Illinois traffic accident lawyer Illinois insurance claim attorney gift taxes Illinois medical malpractice case Illinois driving without license Crystal Lake bike accident lawyer Chicago employment lawyer small business Schaumburg elder law lawyer minimum wage Illinois probate lawyer Schaumburg estate planning attorney Illinois workplace discrimination attorney estate planning attorney trust payments medical malpractice investment property living trust benefits insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys personal injury lawyer overtime violations Arlington Heights injury attorney drug crimes estate planning lawyer Palatine corporate law attorneys Rolling Meadows estate planning attorney accidental death benefits murder charges work unions Rolling Meadows tax attorney Crystal Lake business law attorneys Illinois attorney driving Chicago will attorney, social media platforms, Illinois estate planning lawyer, criminal law Chicago insurance claim attorneys Illinois collections attorney Crystal Lake medical malpractice attorneys estate planning trusts POA license Barrington drug crime attorney Inverness corporate attorney digital evidence denied insurance claims slip and fall accidents Deer Park motorcycle accident lawyer gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys trucking accident lawyers Forcible Entry Inverness DUI lawyer life insurance lawyer liens cell phone accidents employee misclassification Barrington business law firm natural gas Illinois insurance claim dispute lawyers Barrington injury attorney Schaumburg criminal attorney probate fees Illinois traffic attorneys mortgage Illinois estate planning Rolling Meadows marijuana attorney personal injury attorney loss of consortium Employment Discrimination Law Landlord Tenant Ordinance automated cars traumatic brain injury Barrington medical malpractice lawyers Long Grove estate planning attorneys fiduciary rule Barrington personal injury attorney personal injury claim Des Plaines DUI attorney Illinois insurance lawyer Illinois employment law Des Plaines personal injury lawyers head on collisions Illinois insurance claims lawyers life insurance Super Mario pay when paid contract DMV Inverness civil lawyer car crash injuries Palatine estate planning lawyer Palatine law firm Crystal Lake estate planning lawyer Illinois pedestrian accident attorney Crystal Lake pedestrian accident lawyer Barrington criminal lawyer Illinois Workers’ Compensation Commission medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Barrington attorney estate attorney Rolling Meadows criminal lawyer Illinois estate planning attorney uninsured motorist employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Crystal Lake law firm Arlington Heights accident attorney Illinois employment law attorney IRELA Buffalo Grove corporate attorney cell phone Des Plaines accident attorney South Barrington real estate attorney Des Plaines claims law firm income distribution deducation Illinois LLC creation Barrington Traffic Lawyer Illinois Human Rights Act car accident Illinois mortgages Illinois employment attorneys Crystal Lake medical malpractice lawyer real estate attorney Schaumburg estate attorney Palatine Attorney murder defense Illinois motorcycle accident lawyer digital assets Barrington employment attorney preventable medical errors license reinstatement elder abuse personal injury deadly crashes CAM Arlington Heights car accident lawyer Kenilworth estate planning attorneys bike accident Schaumburg personal injury attorney Des Plaines tax law firm product liability expungement irrevocable trust Illinois employment lawyer drunk driving Palatine corporate attorney Joliet general practice lawyers Illinois tax attorney foreclosure Illinois Sales Representative Act liability Palatine employment lawyer medical marijuana tax attorney attorney fees Illinois insurance attorney contracts employment law rollover accidents Fair Labor Standards Act Illinois pet lawyer traffic accidents pedestrian-automobile accident Palatine trusts lawyer sexual harassment DGAA premises liability car crashes Barrington estate planning attorney Crystal Lake medical malpractice law firm Rolling Meadows GM ignition switches startup company internet texting while driving Illinois workers compensation attorney Illinois wills and trusts attorneys life insurance claims TBI federal crimes BUI vacation home Affordable Care Act Attorney Ken Apicella independent contractor Chicago attorney Barrington real estate lawyer Arlington Heights Attorney revenge porn wage theft Illinois registered agent Arlington Heights TBI attorney Illinois insurance claim dispute lawyer Arlington Heights real estate lawyer Liquor Control Act employment attorney insurance claims Kenilworth estate planning lawyer bad faith insurance claims financial advisors appealing an insurance claim Buffalo Grove employment lawyer crossover accidents bicycle accidents Rolling Meadows litigation lawyer DUI right to work Arlington Heights traffic attorney paid sick leave Deer Park traffic accident attorney Self-Directed IRA Accounts Rolling Meadows real estate attorney job lawyers LLCs Long Grove estate planning attorney medical malpractice claims Schaumburg personal injury lawyers dog bites Palatine punch death Crystal Lake personal injury lawyer digital media accounts, estate planning, Arlington Heights estate planning attorney, Illinois medical malpractice attorney drunk driving statistics Whistleblower Claims insurance denials Barrington Illinois estate planning lawyer operating agreements Crystal Lake personal injury attorney installment contracts insurance negligence Deer Park criminal attorney Palatine civil attorney Illinois insurance disputes construction contracts estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Arlington Heights trucking lawyer insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys agent owner responsibility car accident lawyer food poisoning Illinois workplace lawyer college kids Rolling Meadows employment attorney Schaumburg construction accident lawyer underfunded trust Deer Park real estate law firm car collision Palatine injury attorney filing a medical malpractice claim first degree murder special needs trust insurance claim denials workers comp trusts Inverness accident lawyer Illinois jet ski accident lawyer pet bites real estate contract subcontractor employment lawyer Schaumburg car accident attorney low-ball insurance settlement Deer Park DUI lawyer spinal cord injuries corporate law medical malpractice compensation Des Plaines drug crimes lawyer medication errors truck collisions unauthorized overtime swimming pools Rolling Meadows personal injury attorney Schaumburg drug defense lawyer real estate lawyer Inverness probate lawyer Rolling Meadows medical malpractice lawyers employment law, Illinois employment laws dynasty trusts consent to a search Illinois traffic laws civil rights violation Buffalo Grove probate lawyer estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Exclusions drug crime fatal car accidents probate claims Chicago traffic lawyer Arlington Heights wills and trusts attorney Deer Park personal injury lawyer estate plan clemency Rolling Meadows car accident lawyers guardianship attorney Long Grove estate planning employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Illinois Mount Prospect wills and trusts lawyers Buffalo Grove criminal defense lawyer Arlington Heights wills and trusts lawyers ACA Palatine employment law lawyer sole proprietorship Inverness real estate lawyer Arlington Heights lawyer Palatine construction attorney jet ski accidents Fourth of July business litigation insurance attorney Arlington Heights estate planning attorney construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Family Medical Leave Act landlord tenant law commercial leasing Colin H. Gilbert DUI attorney Illinois civil litigation lawyer whistleblower protections forming a corporation in Illinois power of attorney Illinois insurance dispute lawyers disability benefits Schaumburg wrongful death attorney Illinois personal injury Buffalo Grove traffic lawyers denied insurance claim hands free device Schaumburg employment law attorneys Schaumburg employment attorney cell phone tower data employment contract Rolling Meadows traffic attorney trench injuries Illinois employment law firm Crystal Lake traffic attorney Chicago estate planning Rolling Meadows Attorney underinsured motorist controlled substance Barrington estate planning lawyer elder law bicycle dooring accidents auto accidents Palatine traffic lawyer construction accidents civil litigation Illinois real estate lawyer Illinois personal injury attorney medical research Illinois estate planning law firm compensatory time caregiver Des Plaines Thanksgiving condo Arlington Heights tax lawyer workers compensation Illinois DUI attorney South Barrington real estate lawyer Crystal Lake criminal defense attorney Arlington Heights employment attorney Barrington workers compensation attorney Chicago biking tips preventing accidents capital gains tax Illinois red light cameras Illinois real estate Rolling Meadows insurance lawyer rent to own real estate contracts personal injury law firm Illinois Smoke Detector Act Palatine elder law attorney Buffalo Grove insurance claim dispute lawyers Chicago estate planning lawyer Buffalo Grove law firm traffic offenses Illinois car accident attorney Illinois job attorney pedestrian injuries, pedestrian fatality Illinois criminal defense attorney Rolling Meadows boating crash lawyer Des Plaines collections attorney Buffalo Grove personal injury lawyer overtime pay traffic crimes Illinois elder law attorney Des Plaines civil attorney Deer Park workers compensation lawyer residential real estate Des Plaines drug lawyer traffic violations defense pedestrian accident estate planning blended families Chicago will attorney severance agreements caretaker rights real estate leasing Illinois speeding lawyer boating accidents home inspection lawyer FSLA insurance claim denial deed transfer Illinois employment laws insurance agents Illinois lawyer wrongful termination Transfer on Death Instrument defective products involuntary manslaughter civil litigation attorney federal regulations for LLCs sexual images Chicago corporate attorney Barrington employment law attorney Illinois law Des Plaines Traffic Lawyer murder Rolling Meadows Traffic Lawyer Deer Park employment law attorney Crystal lake insurance dispute attorney Rolling Meadows personal injury lawyer Illinois Probate Act of 1975 Food and Drug Administration's Food Safety Modernization Act Illinois wills and trusts Schaumburg Crystal Lake injury attorney Arlington Heights medical malpractice lawyer defective products lawyer Illinois workers compensation lawyer Rolling Meadows DUI lawyer senior citizens denial of life insurance unfunded trust Arlington Heights criminal lawyer Barrington employment law firm creditors insurance claim Buffalo Grove personal injury attorney healthcare claims Colin Gilbert pizza emoji Schaumburg personal injury lawyer Illinois will lawyer Illinois medical malpractice claim DNR license revocation Deer Park medical malpractice attorney spinal cord injury natural gas explosion vacation home fines Illinois traffic attorney insurance dispute loopholes Palatine drug lawyer foreclosed rental property insurance claim dispute attorney Detainer Actions life insurance policy Schaumburg medical malpractice lawyer Inverness estate planning lawyer living trust Inverness injury lawyer living wills Schaumburg insurance lawyers Rolling Meadows accident lawyer Chicago insurance law firm Palatine criminal defense lawyer surgical mistakes Barrington civil litigation attorney Schaumburg Attorney probate claims process personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys car accidents Schaumburg real estate lawyer estate planning for college students PTSD Schaumburg traffic lawyer Arlington Heights car crash attorneys brain injury Inverness elder law lawyer liability claims IRA benefits Schaumburg estate planning lawyer Crystal Lake tax lawyer Illinois small business reckless homicide motorcycle accident Illinois construction accident attorney Illinois corporate lawyer Illinois business law atorneys FMLA Palatine traffic accidents marijuana crimes attorney Rolling Meadows traffic law firm Schaumburg criminal law attorney ken apicella slip and fall wills real estate attorneys Home Sale Contingencies rumble strips texting and driving llinois Real Estate Lawyers Association Rolling Meadows employment law attorneys no contest clauses insurance adjusters Illinois business lawyer Des Plaines personal injury attorney golf accidents power of attorney for healthcare Palatine civil litigation lawyer real estate zoning back injuries Kenilworth estate planning attorney criminal Illinois trusts attorney Long Grove wills and trusts attorneys probate lawyer Arlington Heights pedestrian accidents blood alcohol content homestead rights commercial leases privacy Policy Cancellation Arlington Heights wills and trusts attorneys Illinois living will insurance denial appeals comp time health insurance dispute BAIID Illinois personal injury lawyers traffic violations Jay Andrew Illinois traffic ticket lawyer icy parking lots Crystal Lake insurance lawyer Rolling Meadows employment law attorney traffic laws personal injury claims Illinois Wage Payment and Collection Act jet ski Illinois wrongful termination lawyer insurance claim delay criminal record breach of contract in terrorem provision wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace insurance dispute attorney Arlington Heights personal injury lawyer changes to mortgage law condo association wills and trusts Arlington Heights employment law attorneys landlord Arlington Heights Traffic Lawyer Rolling Meadows corporate lawyer Crystal Lake car accident lawyer Do Not Resuscitate employees wrongful death probate traffic deaths privacy laws Schaumburg corporate attorney Buffalo Grove real estate attorney advance healthcare directive drug crimes lawyer Federal Food Drug and Cosmetic Act employee discrimination Des Plaines criminal attorney Palatine employment attorney ObamaCare Barrington personal injury lawyer Palatine workers compensation lawyer Mt Prospect Attorney Barrington criminal defense lawyer Inverness insurance attorney Retaliatory Discharge Arlington Heights personal injury attorney Rolling Meadows insurance dispute lawyers fiduciary rule delay Des Plaines real estate lawyer underage DUI Buffalo Grove medical malpractice lawyers distracted driving accidents healthcare Rolling Meadows personal injury lawyers commercial real estate digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers products liability hiring employees Chicago employment attorney mass shooting Illinois employee rights attorney. Buffalo Grove injury lawyer pedestrian accidents speeding Palatine real estate lawyer Illinois personal injury lawyer Crystal Lake pet attorney Deer Park traffic lawyer anesthesia errors holiday statistics taxes Palatine insurance lawyer Illinois employment law attorneys Palatine business attorney Crystal Lake employment lawyer breathalyzer test unpaid assessment digital information Barrington boating accident attorney Crystal Lake employment attorney Rolling Meadows insurance dispute lawyers, insurance dispute Des Plaines medical malpractice attorney trustee Long Grove real estate lawyer Des Plaines real estate attorney Illinois bicycle safety