A field sobriety test (FST), is used to determine the blood alcohol content (BAC) for individuals driving under the influence. Most standard breathalyzers operate under the idea that everyone has the same baseline BAC. Determining BAC with a breathalyzer could result in a number of false positives.
An experienced Las Vegas DUI attorney can challenge the results of a field sobriety test by exploring unique factors that may cause a false positive.
Physical Limitations:
- High heels, boots, or uneven surfaces can affect your balance and impact officers' perceptions of your sobriety.
Environmental Factors:
- Slippery surfaces, rain, wind, or even flashing lights can introduce variables that make the test more difficult.
Psychological State:
- Anxiety, nervousness, or fear induced by the situation can lead to shaking movements or difficulty concentrating.
Other Possible False Positives:
Yeast-Based Products:
- Commonly found in bread, pastries, and other baked goods. Yeast can produce trace amounts of alcohol as a byproduct of fermentation.
Energy Drinks:
- While caffeine itself does not produce alcohol, its effect on the body’s metabolism might influence the breathalyzer reading.
Keto Diets:
- Keto or low carb diets can produce ketones which can trigger an inaccurate reading on a breathalyzer due the way the body metabolizes carbs into energy.
Fermented Foods:
- Foods such as bread, kombucha, and certain types of vinegar can contain trace amounts of alcohol. Fermentation occurs naturally in your mouth due to bacteria breaking down food particles that have been left behind.
Sauces:
- Some sauces use alcohol in their preparation, such as wine sauces, that may leave residual alcohol in the mouth.
Sugar-Free Sweets:
- Sugar-free products often contain sugar alcohols like sorbitol and xylitol. While not actual alcohol, these sugar alcohols can be fermented by bacteria in your mouth, producing small amounts of ethanol.
Mouthwash:
- Many mouthwashes contact a percentage of alcohol as an antiseptic ingredient. This trace amount of alcohol can linger. If you don’t rinse thoroughly, a breathalyzer may detect that miniscule amount.
Las Vegas DUI Defense: Fighting Unreliable Breathalyzer Results
If you've been arrested for a DUI in Las Vegas, don't rely solely on the results of a field sobriety test. Contact The Law Offices of Garrett T. Ogata to analyze the details of your arrest, challenge the FST results, and fight for the best possible outcome in your case.
