By accepting a Georgia license, you are giving implied consent to the police to administer a blood alcohol test (BAC), like a Breathalyzer, should they have reason to believe you are driving while intoxicated. Any positive result — not just one that shows you are over the legal limit — can be the basis of a drunk driving arrest.
It is very important to understand that the breath test can be false. There are different kinds of medical conditions as well as medications that can negatively affect your BAC level and give a false positive. If you are suffering from any of these conditions, or are using these medications, your Breathalyzer test result could be false.
Because asthma medications are inhaled, their residues tend to remain in the air passages much longer. Studies have shown that asthma inhalers like Salmeterol, Albuterol and Budesonide can cause high readings on the Breathalyzer machines due to the presence of chlorofluorocarbons present in the medication.
Gastro disorders (GERD)
Individuals suffering from medical conditions such as gastroesophageal reflux disease (GERD), hiatal hernia, acid reflux and heartburn will always record a higher blood alcohol level than those who do not suffer from these conditions. This is because acid that builds up in the stomach usually finds its way into the Breathalyzer equipment during the test administration, giving a false-positive result.
Higher ketone levels
Ketone is a natural acid that builds up in diabetic people or those who are aggressively trying to lose weight. If you have a higher concentration of ketone in your system, then chances are your Breathalyzer test result will be much higher than it should be.
Drunk driving is a serious offense that can attract severe consequences such as a suspension of your driver’s license, a fine or even jail time. If you believe your Breathalyzer test result is false thanks to any of these conditions, it is important that you aggressively defend yourself against your DUI charge so you can get the justice you deserve.