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Important information about breath analysis tests

New Jersey residents likely know that they could face hefty penalties if charged and convicted of driving while under the influence. Many people think that blowing an 0.08 or higher on a breath analysis device is impossible to fight against, and that conviction is inevitable. However, that isn't necessarily the case.

The Legal Dictionary defines a breath analysis test as one of the devices most frequently used to determine how high a person's blood alcohol content (BAC) level is. However, recent studies have begun to argue that this method of testing is not accurate enough. In fact, it was reported that there's up to a 15 percent margin of error in a breath analysis test. This means that a person's BAC level could be fairly different from what's shown on the device.

There's also the matter of human error. FindLaw reminds us that breath analysis devices need to be calibrated in order to accurately gauge a person's BAC level. The person administering the test must also be certified to use it. They use it as they were trained to, and have to maintain the device between uses to ensure that it remains accurate.

Finally, it's possible for a person to give false positives in a test. A breath analysis device will pick up on things like mouthwash, inhalers, denture adhesive, cough syrup, and anything else with alcohol in it. Acid Reflux, Gastro Esophageal Reflux Disorder (GERD), or even just breathing patterns can all affect the number.

The numbers on a breath analysis test aren't the end of the road for anyone accused of driving under the influence. Because of the margin of error that these devices have, it's still possible to fight against these charges.

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