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are some cases where you may get a false positive on your breathalyzer result which means your DUI charge would get withdrawn.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

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