there are really three types of
inaccuracies with a breath test one type
of inaccuracy has to do with faulty
equipment
another type of inaccuracy has to do
with the way the equipment is
administered by the police and a third
type of inaccuracy has to do with the
subject who's taking the breath test as
far as the equipment is concerned we
find not only is there an inherent
margin of error with the breath test but
oftentimes these instruments are not
maintained properly are not calibrated
properly are not given accuracy checks
as required by the state regulations and
and they are subject to giving erroneous
results as far as the way that they are
administered there is a very specific
set of regulations that govern how the
police are to administer these tests and
we find all the time that the police
fail to adhere to these regulations that
can call into question the reliability
of the results sometimes that can result
in them being excluded from evidence
finally there are a lot of medical
factors and biological factors with
regard to the person taking the breath
test that can cause there to be a
falsely high reading and there's a
myriad of these factors some of them
include GERD acid reflux a heartburn
being on a low-carb Atkins style diet
having cavities having dentures having
dental pockets having diabetes burping
burping during during the period during
the few minutes before you take the test
there are lots of physical factors that
can result in somebody blowing a point
one five when in reality they have a
0.06 true blood-alcohol level so the
important thing to remember is that the
reading that is generated by this
machine does not necessarily mean that
that's the person's true blood alcohol
level oftentimes they are
very different