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Jeremy J. Poet Law Firm, PLLC

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Your health condition can impact the result of a DWI breath test

On Behalf of | Aug 29, 2022 | Criminal Defense

If the police pull you over on suspicion of driving while intoxicated, you may be asked to perform a Breathalyzer test to determine your blood-alcohol content. However, the results of these tests can lead to a false positive, even if you are not legally intoxicated. The following are three common medical conditions that could impact the result of a DWI breath test.

Diabetes can lead to a false positive

If you have diabetes, you may have a high concentration of acetone in your breath, especially if you are struggling with keeping your diabetes under control. The acetone can lead to a false positive on a breath test.

Moreover, if you are hypoglycemic, you can exhibit signs that could be misinterpreted as intoxication. For example, if you are hypoglycemic, you may be confused or dizzy, two common signs of intoxication that police will look out for in a DWI traffic stop.

Acid reflux can lead to a false positive

Many people suffer from varying degrees of acid reflux, causing them to experience regurgitation. This, in turn, can impact what breath test instrument is used at a DWI traffic stop. Acid reflux can lead to a falsely inflated breath test reading.

Heart disease can lead to a false positive

There are many types of heart disease, making it a very common health condition among Texans. Heart disease can impact the smell of your breath. A Breathalyzer can pick up on this different scent leading to a false positive reading on your breath test.

Was your DWI arrest based on a false positive Breathalyzer reading?

If your DWI is based on the faulty result of a breath test that you believe was caused not by intoxication but by a medical condition, you will want to take steps to protect your rights. These false readings can be challenged in court, making documentation of your medical condition an essential component of your DWI defense.

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