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Contesting a Breathalyzer Result

One of the most common ways for police to test a driver for intoxication is to use a Breathalyzer device. If you are pulled over on suspicion of drunk driving, chances are that police will ask you to submit to a Breathalyzer test on the spot. Unfortunately, police often rely on Breathalyzer readings to determine intoxication levels even though these devices are at best, unreliable and at worst, entirely inaccurate.

If you have been arrested for DWI based on a breathalyzer test result, you may have been wrongly charged with drunk driving. To discuss the details of your case with an experienced Raleigh DWI defense lawyer, contact the Law Office of Jim Black today at 919-600-4609.

Why Breathalyzers are Unreliable

North Carolina law states that a person is considered legally intoxicated when his or her blood alcohol content (BAC) is .08% or higher. The problem with using Breathalyzers to determine intoxication is that these devices do not measure BAC directly. Instead, they measure the level of mouth alcohol, which is then used to estimate BAC. However, there are many other factors that can cause a person’s mouth alcohol level to appear high, thus giving an inaccurate BAC reading.

Some factors that can produce an overly high Breathalyzer result include:

  • Recently using mouthwash
  • Improper calibration of the device
  • Administering the test near gas fumes or other chemicals
  • Diet
  • Tobacco smoke
  • Humidity or changes in temperature

A Breathalyzer reading can be affected by many extraneous factors and may produce an inaccurate result. If you have been charged with DWI based on a Breathalyzer test, Raleigh DWI attorney Jim Black is prepared to contest your charge and question the evidence brought against you. With experience representing drivers throughout Raleigh and the surrounding area, Jim Black knows what it takes to defend your case against an overzealous prosecution.

Contact Us

For legal advice and assistance with your DWI charge, don’t hesitate to contact Raleigh DWI defense lawyer Jim Black today by calling 919-600-4609.


"Jim, I just wanted to thank you again for everything you did for me. I am very happy about the outcome and would recommend you to anyone and everyone who has a DUI case. Two things that stuck out the most is your patience and honesty, you wanted the best for me and that was obvious."

The Law Office of Jim Black

5 West Hargett Street #310
Raleigh, NC 27601

Phone: (919) 600-4609
Fax: (919) 834-4891


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