A driver in Tennessee is considered to be driving under the influence (DUI) of alcohol when their blood alcohol concentration (BAC) is 0.08% or more. This is the law for most drivers aged 21 years and above. The BAC limit for a driver under 21 years is 0.02%. Moreover, it’s unlawful for a driver operating a commercial vehicle to have a BAC of 0.04% or more.
If a driver fails a breathalyzer test, they may potentially face fines, jail time and prohibition from driving a motor vehicle in the state. Thus, it’s essential to defend yourself when facing a DUI charge. One way to do this is by challenging the breathalyzer test.
While breathalyzers are accurate in most cases, they are not perfect. Certain factors might affect your readings. These include:
Poor calibration
A breathalyzer should be frequently calibrated to ensure readings remain accurate, reliable, and consistent. This is because, over time, the sensor in a breathalyzer usually drifts due to saturation with alcohol, wear and tear and environmental factors like extreme temperatures. The drift can cause it to lose sensitivity, making it less accurate.
Frequently exposing the sensor to a controlled gas or liquid solution containing a known concentration of alcohol and adjusting it to match the known standard is crucial. It ensures accuracy.
If your test is done using a breathalyzer that was poorly calibrated, your readings may be inaccurate. Requesting calibration records and maintenance logs can help you prove this.
Foreign substances
Any substance that contains alcohol in a driver’s breath can be detected by a breathalyzer. These include mouthwash, breath freshener, medications and acetone in individuals with diabetes or during ketosis.
Various factors can skew a breathalyzer’s readings. If you believe your results were inaccurate, get more details on how to defend yourself.
