Five Common Reasons for a False Positive Breathalyzer Test Result in Charlotte DWI Cases

Reason #1: The Test Was Administered Too Quickly

Your breathalyzer test results could show that your BAC was higher than it really was if your test was administered too soon after you consumed alcohol. The test may have picked up the residue of alcohol in your mouth and throat, which can skew the results. Police officers are supposed to wait at least 15 minutes before administering the test to avoid this problem, but often do not follow this rule.

Reason #3: Your BAC Was Rising

If the breathalyzer test was given when your BAC was rising, your test results could show a too-low BAC level. It takes two to three hours for alcohol to be absorbed in the bloodstream.

Reason #4: Your Medical Conditions Affected Your Test Results

Certain medical conditions can increase the acid in the mouth, stomach, or esophagus, which can cause a false-positive result even if you consumed no alcohol. Medical conditions that can cause a too high BAC result include:

Acid reflux
Gastronomical reflux disease
Heartburn

In addition, some medications could have caused your breathalyzer test results to be inaccurate

Reason #5: You Ate Foods That Affect Breathalyzer Tests

If you ate certain foods, this could have caused a false-positive test result. Pecans, energy drinks, protein bars, and ripe fruit are a few of the foods that can skew a breathalyzer test result.

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Simply being charged with DWI in North Carolina often results in your driver’s license being revoked for a minimum of 30 days. However, we can typically get your driving privileges reinstated almost immediately. We do this by either, first, challenging this civil license revocation, or second, getting you a limited driving privilege.

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Whether you realize it or not, a considerable amount of evidence exists regarding your DWI charge, much of which is vital to an effective defense of your case. We will review your court file, subpoena necessary documents, videos, and notes, and file the appropriate pretrial motions in a timely manner.

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As former prosecutors, we are aware of all the potential defenses that may be available to you. We do not automatically assume you intend to plead guilty and face the harsh consequences associated with a DWI conviction. We pledge we will examine every possible defense and take your case to trial if it is in your best interest.

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While it’s our goal to win every DWI case we have, it’s simply not possible for any attorney to win every time. If you are ultimately convicted of DWI, we will help you take every step possible to reduce the potential penalties, such as avoiding jail time, keeping you driving, reducing monetary costs, and more.

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Five Common Reasons for a False Positive Breathalyzer Test Result in Charlotte DWI Cases

Reason #1: The Test Was Administered Too Quickly

Reason #2: The Breathalyzer Was Not Calibrated

Let Our Experience & Knowledge Help You Obtain The Best Possible Outcome For Your Unique Legal Situation.

Reason #3: Your BAC Was Rising

Reason #4: Your Medical Conditions Affected Your Test Results

Reason #5: You Ate Foods That Affect Breathalyzer Tests

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