Breathalyzer tests aren’t as accurate as the public may have been led to believe. Since they are widely used in DUI arrests, it’s important for everyone to know that certain foods and substances can skew results, leading to false positives and unjust DUI charges in Virginia.
If you believe you have been wrongfully charged, contact an experienced DUI attorney at Welch & Wright PLLC for a free case evaluation.
Influence of Foods on Breathalyzer Results
Certain foods and substances have the potential to indicate a false positive on a breathalyzer test. These foods and substances include, but are not limited to:
- Fermented foods
- Sauces with alcohol
- Sugar-free gum
- Cough syrup
- Mouthwash
- Protein-rich diets
- Energy drinks
Handling a False Positive
If you suspect that you may have a false positive due to food or substance consumption, avoid arguing with the police about it. Instead, exercise your legal right by requesting to speak with your lawyer. After making this request, remain silent. An experienced DUI defense attorney in Virginia can handle the situation later by challenging the accuracy of the test results.
One of the ways in which you can assist with your own defense is to review your food and substance consumption over the previous 48 hours. Try to write down a list or make mental notes if you have no access to pen and paper. Don’t share this list with anyone except your attorney, not even friends or family members.
Proving a False Positive
Proving a false positive due to food or substance consumption is challenging but not impossible. Experienced Virginia DUI attorneys have strategic tools and resources available to challenge breathalyzer results and defend clients. These strategies include:
- Expert testimony
- Cross-examination of law enforcement
- Witness testimony
- Medical records
- Store/restaurant receipts
- CCTV footage
- And more
Legal Assistance
If you believe your DUI charge is based on a false positive from a breathalyzer test, follow the steps above to handle a false positive. Welch & Wright, PLLC has decades of combined experience in Virginia DUI cases. We can help challenge unfair test results. Contact Welch & Wright, PLLC at (757) 707-8803 for a free case evaluation to learn your legal options, or fill out our online contact form.
Written By Nick T. Wright
Attorney Nick T. Wright is one of the founders of Welch & Wright, PLLC. Nick T. Wright focuses his practice on criminal defense cases, particularly ones involving DUI defense, traffic violations, petty theft, and nonviolent sex offense cases. Nick Wright has handled thousands of cases in Hampton Roads, the Greater Richmond, VA area, and northern Virginia. He received his law degree from the University of Richmond School of Law. Nick T. Wright is associated with the Virginia Association of Criminal Defense Lawyers (VACDL) and the National College of DUI Defense (NCDD), among other affiliations.
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