When a person is arrested for DUI in Florida, the arresting officer must drive the suspect to the nearest precinct so that he or she may conduct a breath test. Currently, police officers in Florida must use the Intoxilyzer 8000 to perform these tests. Unfortunately, the Intoxilyzer 8000 is often susceptible to several human-caused and technical errors that can unfairly influence test results, leading some DUI suspects to obtain false positive results.
Sometimes, all it takes to obtain a positive result on a breath test machine is having had the wrong thing to eat earlier in the day. If you’re concerned about being flagged for DUI, you should consider how the Intoxilyzer 8000 might register some of the foods or products you consumed.
Ingestion of Some Foods May Lead to False Positive Results
Attorneys across the country have fought the Intoxilyzer line of breath test machines due to their unreliability since they were first introduced. In Florida, the 8000 model has presented issues since its approval in 2002. From software issues to human mistakes, the results the machine produces, which demonstrate whether a test subject is intoxicated and unfit to drive, are often challenged in court.
Sometimes, a person’s breakfast can push their BAC or blood alcohol concentration over the legal limit. Many foods may contain trace amounts of alcohol which can skew the results of the test. The process of fermentation, which occurs naturally in fruit and helps to create some preservatives, is present in a variety of foods. Bread and other baked goods contain yeast that ferments, which creates a residual amount of alcohol that might not be removed completely during baking.
The Intoxilyzer 8000 is a highly-sensitive piece of equipment that may mistake particles from food and non-alcoholic drinks as alcohol particles that it should register when producing BAC test results. While an array of foods and products may fool the Intoxilyzer 8000, below is a list of the most common items.
Food and Drink that Might Fool the Intoxilyzer 8000
Foods that Might Affect Breath Test Results
Common foods that can influence a breath test result include:
- Honey buns
- Baked goods
- Dishes cooked in wine, beer, or liquor
Drinks that Might Affect Breath Test Results
Even non-alcoholic drinks can carry traces of alcohol. These include:
- Non-alcoholic wine and beer
- Fermented soda
- Energy drinks
Other Items that Can Affect Breath Test Results
You don’t have to ingest a substance with trace amounts of alcohol for it to affect your DUI breath test. Things like cough syrup, over-the-counter sleep medication, vitamins, mouthwash, cologne, and even asthma inhalers can influence a breath test result.
As you can see, a DUI charge doesn’t always result from irresponsible drinking. Keeping track of what you eat may help your defense should you ever face a DUI charge for a false positive BAC result.
Why Seek Strong DUI Defense in West Palm Beach
A DUI charge is among the most serious misdemeanor charges you may face in Florida. The effects of a DUI can mimic those of a felony, particularly when you consider that a DUI conviction may never be expunged from a criminal record. A DUI lawyer can take measures before you are scheduled to appear in court that can help reduce or eliminate the impacts of the charge against you.
A competent DUI lawyer in West Palm Beach can challenge the results of your breath test which, in some cases, may lead to the dismissal of your case. Working with an attorney like Brian P. Gabriel can be tremendously advantageous.
Over 25 Years of Experience Fighting DUI Charges
Brian Gabriel of the Law Office of Gabriel & Gabriel has over 25 years of experience fighting DUI charges throughout West Palm Beach and surrounding areas. He has led the fight against the Intoxilyzer 8000 in West Palm Beach and understands the complex science involved in producing false positive results.
If you have been arrested and charged with DUI, contact our office by calling 561-622-5575 or completing our contact form for a free consultation.