It’s true. The breathalyzer is hunk of junk. I could use worse language. But I won’t. First, the science behind it is pretty weak. It doesn’t measure your actual Blood Alcohol Concentration. Instead, it tries to guess your BAC by measuring the amount of alcohol by-products in your breath.
The problem is that common diseases or differences in the way people break-down alcohol can affect the result. For instance, if you have a small bit of alcohol in your gum, that bit of alcohol might cause the machine to say you have a much higher BAC than you actually do.
Also, certain diets – like the Atkin’s diet – can produce similar chemicals in the body that affect the result.
In addition, certain events – an airbag deploying during a car accident – can introduce particles into the driver’s body that can affect the result.
The problem is that North Carolina’s Supreme Court has upheld the scientific validity of the breathalyzer machine. That means that your attorney will not be able to bring in experts to show the machine is a hunk of junk.
Your attorney can bring in experts to show that certain diseases, diets, dentures, or events in your case caused you to give a higher than accurate reading.
You should talk with your attorney about everything you ate in the 24 hours before your arrest, how much sleep you got, whether you take any medicines, or whether you’re on any diets, and so forth.
I give a very detailed questionnaire to my clients so that they can tell me all the relevant things that might affect the result in their cases.