Skip to main content


DUI in Ontario - Breathalyzer False Positive Readings



- Can a breathalyzer test result in a false-positive reading, leading to an unjust DUI charge in Ontario?

- And the answer is, yes.

- That’s what I am going to cover in this article.

- In Ontario, a breathalyzer device is used by the Police to measure blood alcohol content, known as BAC.

- If your BAC is above 0.08, then you will be charged with a DUI.

- Specifically, you’ll be charged with an Over 80, and likely, a second charge of operating a vehicle while impaired by alcohol or drug.

- But these breathalyzer devices are not perfect.

- And there are some cases where you may get a false positive on your breathalyzer result which means your DUI charge would get withdrawn.

- Let me take you through a few examples.



1/ Health Conditions



- Certain health conditions can cause a positive BAC reading even without consuming alcohol. 

- Acetone, which is a naturally occurring compound in the body, can cause false positives. 

- For instance, a diabetic with hypoglycemia may have a BAC of 0.06, which combined with even one drink, can put them over the limit. 

- Gastrointestinal issues like acid reflux and heartburn can also cause false positives on breathalyzer tests.



2/ Diet



- Your eating habits can affect the outcome of a breathalyzer test. 

- Popular low-carb diets like Atkins and Keto can increase acetone levels, leading to false positives. 

- Foods like protein bars, nuts, bread, energy drinks, ripe fruits, and sugarless gum, which use fermentation as a preservative, can also cause false positive readings.



3/ Improper Device Calibration



- If a breathalyzer device is not properly maintained and calibrated, it can result in false readings.

- These breathalyzer devices must be properly calibrated and adjusted for the temperature to ensure accurate readings.



4/ Improper Test Administration



- To get an accurate BAC reading, a breathalyzer test must be administered correctly. 

- Prior to the start of your breath test, you need to be observed for 15 to 20 minutes.

- And any instances of burping, vomiting, or acid reflux resets the clock, and the breath technician will need to wait another 15 minutes before administering a new test.

- There are other examples of situations which may produce a false positive result.

- The big takeaway is this.

- A good DUI lawyer will get all the evidence and dig deep to see if there are any issues that would undermine the credibility of the breathalyzer test results.



https://youtu.be/VWdnsa7IKY4 https://www.nextlaw.ca/2023/02/07/dui-in-ontario-breathalyzer-false-positive-readings/

Comments

Post a Comment

Popular posts from this blog

Stunt Driving Defence Costs: Why Choosing the Cheapest Lawyer Is the Most Expensive Mistake When Jonathan Cohen of Nextlaw discusses legal representation costs with prospective clients facing stunt driving charges, he consistently encounters the same flawed question: "How much does defence cost?" As Ontario's leading stunt driving lawyer, Jon Cohen has analyzed the economics of traffic defence across thousands of cases and identified a critical reality—the relevant question isn't what you'll pay for representation, but rather what conviction will cost compared to your legal investment. This comprehensive analysis examines the true financial mathematics of stunt driving defence, why block fee structures protect clients, and how choosing representation based solely on price represents the single most expensive decision defendants make. Understanding Block Fee Structures in Stunt Driving Defence Legal representative Jon Cohen exclusively employs block fee arran...
Post a Comment
Read more
Getting your license back after a DUI can feel overwhelming. As a DUI lawyer, I'll explain the steps required to get you back on the road. Understanding the Suspension Process Immediate Administrative Suspension The moment you're charged with a DUI, you face a 90-day administrative driving license suspension. This occurs before any conviction and operates independently from court penalties. Your vehicle will be towed and impounded immediately. Court-Ordered Suspensions Upon conviction, judges must impose minimum driving prohibitions: - First offense: One-year minimum - Second offense: Two to five years - Third offense: Three years to life The final duration depends on aggravating factors in your case. Ministry of Transportation (MTO) Suspensions The MTO operates parallel to the courts with its own framework: - First offense: One-year suspension - Second offense: Three-year suspension - Third offense: Lifetime suspension (reviewable after 10 yea...
Post a Comment
Read more
As a partner at Nextlaw, Ontario's leading firm in handling stunt driving offenses, I've witnessed firsthand the transformative effect of technology on legal defense strategies. My name is Jonathan Cohen, and I want to share how the digital revolution, particularly the adoption of Zoom for court proceedings, has reshaped the approach to handling stunt driving charges. This shift from traditional in-person appearances to virtual court sessions has fundamentally altered the defense landscape, offering broader access to justice for defendants. Navigating Pre-Pandemic Court Appearances Before the pandemic, the norm of physically attending court posed significant logistical challenges, especially for those facing charges far from their residence. The requirement to travel, sometimes across great distances, for court dates added a layer of complexity to the defense process. This was particularly taxing if travel became difficult or impossible due to a suspended license. The Con...
Post a Comment
Read more