False Positives in Georgia DUI Testing: What Causes Them?

Driving under the influence charges in Georgia can be serious and life-changing. Many rely on DUI testing methods like breath tests, blood tests, or urine tests to determine if someone has been drinking or using drugs. However, these tests are not always accurate and can sometimes give false positive results. A false positive means the test says someone is under the influence when they are not. This can happen for several reasons, and it is important to understand what causes these errors and how they can impact a case. At, Willis Law Firm , we are here to guide you through the legal process and help you navigate the complexities of your case.

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The Importance of DUI Testing Accuracy

In Georgia, DUI charges often depend on the results of chemical tests. Law enforcement uses these tests to determine whether someone’s blood alcohol content is above the legal limit. However, even though these tests are trusted by courts, mistakes do happen. When a test is wrong, it can lead to someone being wrongly accused of a crime. These errors can be harmful and affect a person’s reputation, job, and personal life. False positives are particularly concerning because they put innocent people at risk of punishment.

How Breath Tests Can Give False Positives

Breath tests are one of the most common ways to check for alcohol in someone’s system during a DUI stop. These devices, often called breathalyzers, measure the amount of alcohol in the air a person breathes out. While these devices are widely used, they are not perfect. False positives can occur for many reasons, including problems with the machine, medical conditions, or even certain substances in the environment.

Medical conditions such as acid reflux or diabetes can sometimes cause false positive results on a breath test. For example, people with diabetes may produce a chemical called acetone, which can be mistaken for alcohol by a breathalyzer. Similarly, acid reflux can bring alcohol from the stomach into the mouth, making it seem like there is more alcohol in the system than there actually is.

Environmental factors like using mouthwash or certain cleaning products can also lead to inaccurate results. Mouthwashes containing alcohol can leave traces in the mouth that a breathalyzer might detect, even though the person has not been drinking. If the breathalyzer is not properly maintained or calibrated, it may also give a false reading.

Greg Willis has been successful at defending DUI cases (over 93% without a conviction)

He's the only lawyer in the State of Georgia to ever be recognized for all three of these accomplishments.

Received the Samurai Lawyer Award for having gone to jail for a total of 4 days in order to save his own client

Received the BadAss Lawyer Award for the biggest impact of all DUI lawyers in DUI defense in the country

Received the vote of Georgia Lawyers as a Superlawyer in DUI Law for 10 straight consecutive years

 

Blood Tests and Their Potential Errors

Blood tests are often considered more reliable than breath tests for determining alcohol levels. However, even blood tests are not always accurate and can result in false positives. Mistakes during the collection, handling, or testing of the blood sample can affect the results. For example, if the sample is not stored properly or becomes contaminated, it may show higher alcohol levels than are actually present.

Fermentation is another issue that can lead to false positives in blood tests. If the blood sample sits for too long or is not stored at the correct temperature, it can ferment, producing alcohol that was not originally in the sample. This can make it seem like the person had been drinking more than they actually were.

Laboratory errors can also play a role. If the lab equipment is not clean or if samples are mixed up, the results may be inaccurate. Even small mistakes in the testing process can lead to false positives, putting innocent people in a difficult position.

Greg has truly mastered his craft. His preparation is second to none and his confidence helps reduce the nervousness and anxiety his clients face. He is a real life version of Harvey Specter and I highly recommend him.”

- Travis

Greg and his team are absolutely incredible. Greg explained everything to me in detail, as this is the first ever time I have been arrested. Regular updates throughout the process which allowed me to get on with everyday life. 200% I would recommend Greg and his team to anyone with a DUI case."

- James Hellens

Mr Willis is the best in the business. He knows the law inside and out. I was in a serious jam and Greg got my dui reduced to a reckless driving. This man will fight for you every step of the way."

- Anonymous

False Positives in Drug Testing for DUIs

In addition to alcohol, some DUI tests check for drugs in a person’s system. Drug testing is often done through urine or blood samples, and these tests can also produce false positives. Many over-the-counter medications, prescription drugs, and even certain foods can cause errors in drug testing.

For example, cold medicines, allergy pills, and diet supplements sometimes contain ingredients that can be mistaken for illegal drugs. People who use these everyday medications may test positive for substances like amphetamines or opiates even though they are not using illegal drugs. Similarly, consuming certain foods, like poppy seeds, has been known to cause positive results for opioids in drug tests.

Cross-reactivity in testing is another issue. This happens when the chemicals in a drug test react with something other than the targeted substance, leading to a false positive. Problems like this can make the results of drug tests unreliable and unfairly affect someone facing DUI charges.

The Role of Human Error in DUI Testing

While technology is a major part of DUI testing, human error can also contribute to false positives. Police officers, lab technicians, or others involved in the testing process can make mistakes that affect the results. For instance, an officer may not follow the correct procedure when administering a breath test, leading to inaccurate readings.

In a lab setting, errors in labeling or storing samples can cause problems. If a sample is mislabeled, it could be tested as belonging to the wrong person. Even small mistakes like these can have a big impact on the accuracy of the results.

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Fighting False Positives in Georgia DUI Cases

Being charged with a DUI due to a false positive can be a frightening and overwhelming experience. However, it is important to remember that these results can be challenged in court. There are ways to prove that the test was incorrect and show that the person was not actually under the influence.

A strong defense often begins by examining the testing process. This includes reviewing how the test was administered, how the samples were handled, and whether the equipment was working properly. Identifying mistakes in any of these areas can help prove that the results are not reliable.

Hiring a skilled attorney is an important step for anyone facing DUI charges due to a false positive. An attorney can help gather evidence, question the accuracy of the tests, and present a strong case in court. They can also ensure that the person’s rights are protected throughout the process.

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Protecting Your Future Against False Positives

False positives in DUI testing can happen to anyone, and the consequences can be severe. Understanding what causes these errors is the first step in protecting yourself. Whether it is a breath test, blood test, or drug test, knowing the potential problems can help you fight back if you are wrongly accused.

If you or someone you know is facing DUI charges in Georgia due to a false positive, it is important to act quickly and get help. The legal process can be complicated, but you do not have to face it alone. The team at Willis Law Firm has the knowledge and dedication to guide you through your case and fight for your rights. Contact us today to discuss your situation and learn how we can help.