In the Badger State, if you have a blood alcohol concentration above 0.08%, it is against the law to drive a motor vehicle. If an officer suspects you of operating one while intoxicated, you are vulnerable to a variety of criminal and other consequences.
To confirm your BAC is over the legal limit, an officer may ask you to breathe into a testing device. While these devices are usually accurate, they are not infallible. Here are four reasons your OWI breath test may give a false-positive result.
1. You are trying a fad diet
For many, the ketosis diet is a fast way to shed a few unwanted pounds. This diet, which induces the body into producing ketones, may wreak havoc on the accuracy of an OWI breath test. Likewise, if you eat ripe fruits, protein bars or dairy products, the breath test’s results may not be reliable.
2. You have a medical condition
While some medical conditions may change the way your body processes alcohol, others may also confuse a breath test. This is common with gastrointestinal disorders, where the body produces excess acid. Furthermore, if you have diabetes, an OWI breath test may conclude your BAC is over the legal limit when it is not.
3. You want good hygiene
Feeling fresh and clean is one of life’s simple pleasures. If you use mouthwash, cologne, perfume or lotion, though, you may find yourself in handcuffs after failing an OWI-related breath test. That is, environmental contaminants, like many of the hygiene products in your daily personal care regimen, can interfere with the accuracy of the test’s results.
4. The officer makes a mistake
While most BAC breath tests are easy to use, officers may make mistakes when administering the test. To ensure accurate results, an officer must give you detailed instructions and closely monitor you. Similarly, the officer must regularly calibrate the testing device and store it properly.
If an officer neglects any of these responsibilities, you should not blindly accept the test’s results. Rather, you should consider using testing anomalies to defend yourself against OWI charges.