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Falsely Positive Breathalyzer Tests


Drugs & Alcohol Aren’t the Only Causes of a DUI

Breathalyzer tests are notoriously unreliable. Besides faulty test administration and defective equipment, several external and underlying factors can interfere with your breathalyzer test results and produce a false positive. Thus, it’s important to be aware of the factors that could put you at risk for a DUI charge:

  • Medications: Prescription medications as well as over-the-counter drugs can create a false positive because they contain alcohol in their ingredients. Examples of medications to avoid using before getting behind the wheel include:
    • Cold medicine such as Nyquil, Vicks and Robitussin
    • Cough drops
    • Asthma medications
    • Anbesol
  • Mouth alcohol: Many types of mouthwash, breath sprays and breath mints contain alcohol in their ingredients, which can sharply increase your BAC results even when you’re not under the influence.
  • Medical conditions: Certain medical conditions cause issues with normal bodily functions that can create false breathalyzer results. These conditions include:
    • Diabetes
    • Gastroesophageal reflux disease (GERD)
    • Acid reflux
    • Asthma
    • Liver or kidney disease
  • Faulty equipment: If an officer doesn’t calibrate the breathalyzer test properly or the settings aren’t right, they may get an erroneous reading indicating a DUI.
  • Improper test administration: The officer must wait at least 20 minutes before administering a breath test to ensure the test doesn’t detect the alcohol residue leftover from eating, chewing gum, taking medication, or anything you put in your mouth or inhale. If they don’t comply with this regulation, your breathalyzer test may reveal a false positive.

Remember, you cannot simply assume you’re guilty because of the breathalyzer test results. Police officers can make drivers believe they’re guilty of an offense they didn’t commit, so our attorneys strongly advise you to protect your rights and freedom at all costs.

Whether an officer intentionally or accidentally influenced your falsely positive breathalyzer results, you must retain our DUI defense lawyer to represent your case and fight to prove that your test results were falsely positive. Call (201) 574-7919 to schedule a free consultation!

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