Breathalyzers Measure Alcohol, Right?

Most people know that a Breathalyzer is a device that is used in cases where a driver is suspected of driving under the influence.  This device is used to administer breath testing to determine if a driver is impaired or above the legal limit for blood alcohol content.  A driver breathes into this device and it calculates a possible blood alcohol content level.  This device can make or break a driver’s day – if the device shows no alcohol or an acceptable amount of alcohol, no driving under the influence charges will be filed.  If the device shows an alcohol level above the accepted limit, the driver can be charged with driving under the influence and face criminal penalties as well as the loss of driving privileges.  Most people also believe that the Breathalyzer measures alcohol in the breath.  This is wrong information; this device actually tests for the presence of methyl groups.  Methyl groups are part of the chemical structure of many substances, so instead of positively identifying alcohol in the breath, a positive result may be identifying one of many substances including mouthwash, chewing gum, breath freshening spray, and other non-alcoholic substances that would not cause impairment.  Instead of measuring only alcohol content, these devices can pick up any ordinary substance that happens to have a methyl group.  If you have the misfortune of ingesting one of these substances or using oral products containing methyl groups, and then you are stopped and asked to submit to breath testing, you may find yourself facing DUI charges all because you wanted to freshen your breath.  That’s the type of “justice” system citizens of this country are faced with every day.  If you’ve been charged with a DUI offense, contact a San Diego DUI lawyer immediately to begin building your defense.