Matthew David Keenan DUI/DWI Law Blog on Lawyers.com

            You
just got stopped for DUI.  The officer
asked you to perform some field sobriety tests and take the portable
breathalyzer.  You agreed.  After all, you figured you only had a couple beers,
the result would be well below the limit, and you’d be on your way home.

But to your
surprise, the breathalyzer came back reading over .08.  How could that happen?

First, let us
clarify that you should not be stopped for DUI unless you gave the officer
probable cause to stop you.  Did you run
a stop sign or were you weaving?  After
the officer approaches you, he or she should not ask you to perform field
sobriety tests unless the officer has a reasonable belief that you are
intoxicated.  If you do not perform well,
the officer can ask you to take the portable breathalyzer.  Bear in mind that you have the right to
refuse all tests.

The result from
the portable breathalyzer cannot be used as evidence in court, but it can give
the officer the probable cause necessary to arrest you and take you to the
police station for the official breathalyzer. 
Again, you have the right to refuse.

But if you take the
breathalyzer, can you get an exaggerated reading even though you drank very
little?  The answer is yes. Since the
breathalyzer is measuring molecules of alcohol in your breath, even a little
contamination can affect the result.  A
variety of factors can cause a falsely high reading.

Did you rinse
with alcohol or mouth wash?  The alcohol
remaining in your mouth can show up on the test.  Did you regurgitate?  Did you cut your mouth recently or do you
suffer from mouth sores?  A cut or sore
can leak blood into your mouth.  Since
your stomach’s contents or your blood is denser than your breath, these substances
in your mouth can increase the concentration of alcohol in your breath and
throw off the reading.  Are you diabetic
or dieting?  The resulting acetone can
register falsely as alcohol.  Do you work
around solvents?  Some of these chemicals
can work their way into your blood stream and come out in your breath.

If any of the above factors apply,
you may be able to challenge your DUI. 
An experienced DUI attorney can evaluate these and other defenses to
your breathalyzer reading.

If you have
questions about your DUI or other criminal or traffic matters, please contact
Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt
Keenan also serves the communities of Arlington Heights, Chicago, Deerfield,
Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles,
Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)