The rate of your breathing pattern affects the concentration of ethanol in your breath. The concentration of ethanol in your breath directly affects the Blood Alcohol Content (BAC ) result from your breath test. A DUI Attorney understands that the fact that your rate of breathing can affect the result of your breath test casts serious doubt on the reliability of the breath test machine.

Hyperventilation causes the breath test result to be normal than it would normally. Conversely, hypoventilation (holding your breath), increases the breath result up to 14% higher than normal BAC. Both results can be caused by disease, trauma, drugs, or stress. However, both possibilities are routinely ignored by the breath test operators.

Some studies suggest that exhaled air at the end of maximal expiration does not provide a legitimate estimate of BAC. These studies suggest that the final bit of air after a maximal blow will result in a higher BAC than the first bit of air blown. While the State Attorney’s experts readily contest this, it may be just the reason police officer’s in dui school are routinely taught that, “the longer you blow, the higher you go”.

Regardless, the potential errors in the breath test result must be brought to the attention of the State Attorney, and even the Jury should your case proceed to trial. Rest assured, the State Attorney will not educate the Jury on the variability in the breath results as a result of breathing patterns.

Contact a DUI Attorney in The Tampa Area Today

If you have been charged with DUI and are seeking a reckless driving reduction, contact Denmon & Denmon Trial Lawyers at 813-554-3232 (Hillsborough) or 727 -753-0049 (Pasco or Pinellas) to discuss your case. Ask to speak directly to a DUI Attorney.

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