It’s not uncommon to find DUI breath test results being used in child custody cases. Law enforcement personnel regard these breathe test as the most reliable and accurate way of testing the amount of alcohol in a person’s body. But did you know that DUI breathe tests can actually produce false positive results?
There are various reasons why it is possible that a sample used in determining the legal blood alcohol limit can produce a false result. A good Las Vegas criminal defense attorney can help you examine the results before your case is reviewed. Review of your case could challenge the results of the DUI test and therefore it’s important that you act fast. You should not have to lose your license and other driving privileges due to wrong results, let alone lose custody for your child in a child custody case.
What are the possible scenarios under which a breathe test can return false positive results?
- Diabetes – diabetics have an acetone level higher than that of non-diabetics and so it’s possible for them to receive false positive results depending on their blood sugar levels.
- Acid Reflux –people who suffer from acid reflux may sometimes show a higher alcohol amount in their breath that is true if the test is taken just a few minutes after they have their drink. A skilled Las Vegas criminal defense attorney can help examine the breath test results.
- Medication – there are alcohol and menthol containing medications like oral analgesics and flue and cold medications that can potentially interfere with the results of alcohol breath tests.
- Mints or mouth wash – since a mouthwash contains alcohol, a driver who has recently rinsed their mouth with this prior to undertaking breathe test can possibly get a false test result. Sugar substitutes or men that found in gum or mints can also be detected as alcohol in breath test gadgets.
The prosecutor may take advantage of your false DUI breathe test during your case. You Las Vegas child custody lawyer can work with an experienced Las Vegas criminal defense attorney to skew these result and prove irrelevant for use as evidence for your incapacity to care for the child.
There are many tools that the prosecutor can use against you in both DUI cases and child custody case and DUI breathe tests are one of them. Good criminal defense attorneys’ advice that you don’t take a test if you have not taken one already. The best LasVegas child custody lawyer and DUI attorneys can help you prove your innocence in false DUI breathe tests.