Breathalyzer Errors: How They Work

By James Parker
February 16, 2022

Being charged with Driving Under the Influence of Alcohol or Drugs (DUI) can negatively impact a person’s driving record for decades. The main method of determining whether a DUI is valid is the breathalyzer test administered by the officer on the scene. These tests can be damning, but they can also be wrong.

There are three major issues that can arise with a field-administered breathalyzer test that may cause it to give a blood alcohol content (BAC) reading that is higher than the individual’s actual blood levels. These issues are calibration, timing, and rising windows.


Breathalyzers are sophisticated machines. As such, they require the maintenance of a technician to ensure that they are properly calibrated. An incorrectly calibrated breathalyzer can cast doubt on the accuracy of the BAC reading the device provides. A breathalyzer must generally be recalibrated once every 10 days or after 150 uses to remain accurate.


The timing of when the officer administers the breathalyzer can also impact the readings it gives. As the name implies, a breathalyzer is meant to examine the amount of alcohol on the breath. This breath comes from deep in the lungs to be as accurate as possible. However, if the individual has recently drunk alcohol, burped, or vomited, there may be residual alcohol left in the mouth that will give a far higher BAC reading than is accurate.

Officers are supposed to wait at least 15 minutes after the individual did any of these actions before administering a test. Additionally, if the individual burps or vomits again in the officer’s presence, the count must be restarted. Failing to observe these rules can result in an inaccurate reading.

Rising Window

Finally, there is something known as the rising window. Most individuals who drink alcohol take one to three hours to fully absorb it into their systems. During this time, their BAC will increase steadily despite them not drinking any more alcohol. If a breathalyzer test is administered during these windows, the BAC will be inflated even if the individual’s behavior is unaffected.

If you have been charged with a DUI, you will need an experienced DUI attorney to help you combat the charges. A DUI attorney can challenge the results of your breathalyzer test by identifying errors in administration or providing alternate explanations for the high BAC reading.

Additionally, a DUI attorney can cross-examine the administering officer to determine whether or not they are exaggerating or misrepresenting the threat you allegedly demonstrated. The best place to find a DUI attorney is Attorney at Law.

At AAL, our nationwide network of law firms and attorneys allows us to match you with an attorney in your area. Our partners have the resources, legal expertise, and experience to get you the best results possible for your case.

In addition to a distinguished case record, our partners also excel in client care. At AAL, we understand the stress that being accused of a crime can cause. That’s why our partners will make sure to keep you updated on the progress of your case, settlement options, and the best recourse in their expert opinions.

Don’t wait. Contact AAL today for a free, no-obligation consultation and assert your legal rights.

Featured DUI Law Lawyers

Boeheim Freeman, PLLP

Google rating
8 years in practice
Child Custody, Child Support, Criminal Defense, Divorce & Family Law, DUI Law
View Profile

The LeSueur Law Firm

Google rating
11 years in practice
Child Custody, Child Support, Criminal Defense, Divorce & Family Law, Divorce Law
View Profile

Butler & Flynn, PLLC

Google rating
32 years in practice
Adoption, Alimony, Child Custody, Child Support, Criminal Defense
View Profile

Law Practice, Ltd

Google rating
35 years in practice
Child Custody, Child Support, Divorce & Family Law, Prenups & Marital Agreement
View Profile

Leavitt Law Firm

Google rating
33 years in practice
Divorce & Family Law, Divorce Law, Prenups & Marital Agreement
View Profile

Mills & Anderson Law Group

Google rating
16 years in practice
Divorce & Family Law, Divorce Law, Prenups & Marital Agreement
View Profile

Related Posts

Attorney At Law is changing how clients connect with lawyers. By providing an innovative platform to lawyers who want to expand their practice’s reach, AAL is bringing law practices into the future.
6142 Innovation Way
Carlsbad, California 92009
© 2022 Attorney at Law | All rights reserved
Some of the content of this website may be considered attorney advertising under the rules of certain jurisdictions. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
crossmenuchevron-upchevron-down linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram