what can cause a false positive breathalyzer test

Most people are familiar with breathalyzer tests, even if they’ve never had to take one. A breathalyzer test is a device police officers use to estimate a driver’s blood alcohol content (BAC). There are two types of breathalyzer tests. Police officers use portable breath tests (PBTs) in their patrol vehicles during DUI traffic stops. There are also larger, more accurate breathalyzer machines at the police station. Typically, when an officer suspects someone is under the influence of alcohol, they will administer a PBT. If the PBT result indicates the driver is likely intoxicated, the officer usually arrests them. Then, the officer transports them to the police station and performs another test on the more accurate breathalyzer. Police may also request a blood draw, depending on the circumstances. While breathalyzers can, in some situations, return fairly accurate results, there are also some common problems that lead to breathalyzer false positives. What Can Lead to a Breathalyzer False Positive? When discussing what can cause a false positive breathalyzer test, there are a few important things to consider. First, breathalyzers do not actually measure a driver’s blood alcohol content. State law prohibits people from driving under the influence of drugs or alcohol. In the case of alcohol, it is considered drunk driving to operate a vehicle with a blood alcohol content of .08% or greater. Breathalyzer tests work by measuring the amount of alcohol in the exhaled air from a driver’s lungs. The machine then uses this data to estimate the driver’s blood alcohol content. Given this reality, there are a few issues that can cause breathalyzer false positives. The Presence of Residual Mouth Alcohol A breathalyzer is supposed to measure the amount of alcohol in the air exhaled from within your lungs. But your breath contains air from your mouth as well as your lungs. Most of the time, the presence of alcohol on your breath is an indication that you consumed alcohol. But certain things can create a false positive breathalyzer reading because they increase the amount of alcohol that is present and lingering in the mouth. If you recently took medications or consumed certain foods, your breath may indicate the presence of alcohol even if you have not had a drink. Or this lingering, residual mouth alcohol can falsely increase your BAC reading. The following foods and medications may cause a false positive breathalyzer result: Nyquil and other cough medications;Sugar-free gum;Kombucha or other fermented beverages;Ripe fruit;Some types of bread; andEnergy drinks. Also, those with dental work like crowns and bridges may experience even higher rates of false-positive tests. This is due to alcohol getting trapped in small crevices within the dental work. If the police asked you to take a breath test and you failed although you were not drinking, it may be due to a false positive related to residual mouth alcohol. Improper Calibration Breathalyzer devices are complex machines that require police officers to perform routine maintenance. If a breathalyzer is not properly maintained, it can provide inaccurate results. While police departments train officers on how to calibrate breathalyzers, officers often forget to perform this routine maintenance and proper calibration of the device. Suppressing Evidence After a Breathalyzer False Positive Police officers must have probable cause before arresting you for a DUI offense. To establish probable cause, an officer can rely on a properly administered breath test in conjunction with their observations of intoxication. However, if the breathalyzer results are later called into question, it may result in the suppression of evidence. In other words, if the breathalyzer provided a false positive, officers cannot rely on the result to establish probable cause. This means that the breath test results, the officer’s observations of intoxication, and any physical evidence they recovered after your arrest may be inadmissible at trial. If a court excludes evidence the prosecution needed to prove their case, they may have no choice but to withdraw the charges against you. An experienced Wyoming criminal defense attorney knows exactly when and how to present a motion to suppress evidence. Are You Facing a Wyoming DUI Charge? If police recently arrested and charged you with a Wyoming DUI, reach out to Cowboy Country Criminal Defense to schedule a free case evaluation. A DUI conviction can have a lasting impact on your life and may threaten everything you’ve worked so hard for. Our Wyoming criminal defense attorneys aggressively defend the rights of clients facing all types of serious crimes, including drunk driving offenses. We command an in-depth understanding of the science behind breathalyzer tests and use this knowledge to keep false-positive tests from being used as evidence. When you bring Cowboy Country Criminal Defense onto your legal team, you can rest assured that your case, your future, and your freedom are in good hands. To learn more, and to schedule a free consultation with a Wyoming DUI lawyer, give us a call at 307-333-7884. You can also reach us through our online form, and one of our attorneys will be in touch. 

what can cause a false positive breathalyzer test

Wyoming takes DUI very seriously, especially for minors. Wyoming’s DUI zero-tolerance policy bars any person under the legal drinking age from operating a vehicle with any amount of alcohol or illicit substance in their system. DUI charges, even for first-time offenders, carry serious consequences. If you or a loved one faces DUI charges, contact a qualified criminal defense attorney right away.  What Is the Zero Tolerance DUI in WY? Wyoming has strict laws regarding drinking and driving. Wyoming’s zero-tolerance policy means that any person under the legal drinking age who drives with a blood-alcohol level of .02% or more will face criminal sanctions. The penalties for a DUI depend on the circumstances of the case and whether the person is a first-time offender or has previous DUI convictions. Wyoming is also a zero-tolerance state with respect to marijuana. Drivers in Wyoming with any measurable amount of marijuana in their system will face DUI charges. What Is the Legal BAC in Wyoming? Wyoming’s zero-tolerance policy applies to drivers under the legal drinking age. For drivers over the legal drinking age, any blood alcohol content (BAC) over .08% is considered under the influence of alcohol. If the driver’s BAC level measures between .05% and .08%, the police officer must use his or her discretion to determine if the person is under the influence. For BACs under .05%, the law presumes the driver is not intoxicated. What Are the Penalties for a First Offense DUI in Wyoming? Normally, first-time DUIs receive less serious punishments. Under Wyoming law, a person who commits their first DUI faces penalties, including: Jail time of up to six months,Up to $750 in fines, andA suspended license for up to 90 days. A court may also require the installation of an ignition interlock device on your vehicle if your BAC was higher than .15% at the time of your arrest. What Are the Penalties for Multiple DUIs in Wyoming?  Wyoming law imposes harsher penalties for multiple DUIs than for first-time offenses. Multiple DUI offenses carry larger fees and possible jail time. For a second DUI that occurs within ten years of the previous offense, a driver faces penalties including: Jail time between seven days and six months;A minimum fine of $200, up to $750;License suspension for one year; andA required ignition interlock device for one year. For a third DUI offense, punishments include: Between 30 days and six months in jail;Fines of at least $750 and up to $3,000;License suspension for three years; andA required ignition interlock device for two years. In addition to fines and jail time, all DUI offenders, including first-time offenders, must complete a substance abuse assessment. Based on the results, courts may require sobriety monitoring. Contact a Qualified Criminal Defense Attorney Today DUI convictions have lasting consequences and can cause serious disruptions to your life. At Cowboy Country Criminal Defense, we care deeply about our clients and fight aggressively to protect their interests. Our attorney, Jeremy Hugus, provides personalized legal services and uses his extensive experience to build his clients a strong legal defense. We understand that facing DUI charges is difficult. Our dedicated staff will answer your questions and provide you with support throughout the process. For a free consultation, call our office at 307-333-7884 or fill out an online form today.

Wyoming DUI Laws

Driving under the influence is a very serious offense in Wyoming and can have substantial penalties. Even though this is still a frontier, the state has cracked down on drunk driving, so anyone picked up after drinking can expect to face some stiff penalties. Wyoming DUI laws also apply to those who drive a vehicle while under the influence of drugs. Wyoming DUI laws can have long-lasting consequences. Hiring a Casper DUI defense attorney to advocate for you can be beneficial to the success of your case. Related: How Long Does a DUI remain on Your Record? If you have been arrested, you should be aware of the punishments and penalties of a DUI in Wyoming. A DUI can stay on your driving record for 10 years, and the penalties will continue to increase if you are picked up for a second or third DUI. Reach out to an experienced Wyoming DUI attorney as soon as possible to begin building your defense. Wyoming DUI/DWI Laws The Wyoming DUI law can be found at WY Stat. § 31-5-233. Wyoming law defines DUI as driving or having “actual physical control” of a vehicle when: The driver’s blood alcohol concentration (BAC) is 0.08% or higher; orThe driver is incapable of operating the vehicle safely and is under the influence of alcohol or a controlled substance. As you can see, you can still face DUI charges with a BAC under 0.08% or even if your BAC is unknown, so long as you were not capable of operating the vehicle safely. Therefore, it is important to contact a Wyoming DUI attorney if you face DUI charges. Hiring an attorney provides you with the best opportunity to reduce or eliminate your DUI charges. Overview of DUI/DWI Penalties under Wyoming Laws Under Wyoming DUI laws, the severity of your punishment for a DUI offense depends on a number of factors. These factors include: The number of prior DUI convictions you have,The time frame within which you’ve received DUI convictions,The amount of alcohol in your blood,Whether someone was hurt as a result of your intoxicated driving, andWhether you were driving while intoxicated with a child under 16 in the vehicle. However, the most important factor under Wyoming DUI laws is the number of prior DUI convictions you might have. A Wyoming DUI lawyer can help you understand whether your punishment is excessive and fight to lower your punishment to an appropriate level. First DUI/DWI Conviction in Wyoming A first DUI offense in Wyoming carries the least severe punishment. For a first-time Wyoming DUI conviction, the punishments you can face include: Up to six months in jail,Up to a $750 fine, andSuspension of your license for 90 days. In addition, a court may order you to receive a substance abuse assessment and complete a first offender DUI class. If your BAC was greater than 0.15%, the State of Wyoming can require the installation of an ignition interlock device (IID) on your vehicle for a period of six months. If you face charges for a first DUI offense, speak with a Wyoming DUI lawyer as soon as possible.  Second DUI/DWI Conviction in Wyoming If you face a second Wyoming DUI conviction within 10 years of your first conviction, the punishments you can receive include: Seven days to six months in jail,A $250 to $750 fine,The suspension of your license for up to one year, andThe installation of an IID on your vehicle for a period of one year. The State of Wyoming may also require you to receive a substance abuse assessment and complete a state-approved substance abuse program after a second DUI conviction. A Wyoming DUI attorney can help you potentially reduce your penalties for a second DUI offense. Third DUI/DWI Conviction in Wyoming The penalties for a third DUI conviction within 10 years of your first are severe. Specifically, the punishments for a third Wyoming DUI conviction include: Between one and six months in jail,A fine of at least $750 to $3,000,The suspension of your license for up to three years, andThe installation of an IID on your vehicle for a period of two years. A court may also order you to complete a state-approved substance abuse treatment program after a third DUI conviction. Due to the severity of a third DUI conviction in 10 years, it is essential that you speak with a DUI attorney as soon as possible. Fourth DUI/DWI Conviction in Wyoming The punishments for a fourth or more DUI conviction within 10 years are extremely harsh. The State of Wyoming considers a fourth DUI conviction a felony, and as a result, it carries much stricter penalties. These penalties include: Up to two years in prison,Up to a $10,000 fine,The suspension of your license, andThe installation of an IID for the remainder of your life. The duration of your license suspension will vary depending on the facts of your case. The State of Wyoming will also require you to receive a substance abuse assessment and complete a state-approved substance abuse treatment program. No matter how many prior DUI convictions you may have, speaking with a DUI attorney gives you the best chance of potentially reducing or eliminating your DUI charges.  Aggravating Factors Like other states, Wyoming DUI Laws increase the punishment where certain aggravating factors are involved. In Wyoming, these aggravating factors include: Whether your BAC was very high (0.15% or higher),Whether you hurt someone in an accident while driving under the influence, and Whether you had someone under age 16 in the car with you. Any of the above is an aggravating factor that will increase the penalties you suffer. If you believe any of these aggravating factors apply to your case, you should speak with a Wyoming DUI lawyer as soon as possible. Probation In addition to the punishments discussed above, a court may sentence you to probation for a DUI conviction. Probation can be sentenced instead of or in addition to jail time, fines, and other penalties. In Wyoming DUI cases, probation usually…

a dui remains on your record for

A DUI conviction is a serious offense.  DUI convictions carry serious consequences. They can affect your employment eligibility and your ability to apply for housing. DUIs may lead to jail time, driver license suspension, and significant fines, and they will stay on your criminal record for a long time. If you were convicted of DUI, you may want to know if your conviction can be removed from your criminal record. In Wyoming, state lawmakers recently changed the rules so that courts now may expunge misdemeanor DUI convictions. However, you cannot remove a felony DUI conviction from your record.  If possible, you should do everything possible to avoid a DUI conviction. If you were charged with DUI, you should contact a qualified criminal defense attorney. Your attorney will help you weigh your legal options and defend you in court proceedings. Is a Driving Record the Same as a Criminal Record?  First, you should understand that a driving record and a criminal record are not the same things. Driving records include a list of any criminal or non-criminal traffic-related offenses, including DUIs. States track driving records to determine the status of your driver’s license. Unlike some states, Wyoming does not track driver licenses based on a points system. Wyoming law allows drivers up to three moving violations (of any kind) within a twelve-month period. If a driver has more than three violations in that period, their driver’s license will be suspended. In contrast, a criminal record lists any of your previous criminal misdemeanor or felony offenses, including traffic-related criminal offenses. Driving records and criminal records have different rules regarding whether a previous offense can be removed and how long the offense remains on your record.  How Long Does a DUI Stay On Your Driving Record?  In Wyoming, a DUI offense will remain on your driving record for ten years after the date of the offense. In addition to having DUI on your driving record, you will also lose your license for 90 days if convicted of DUI. You will be able to lift the suspension only if you agree to install an ignition interlock device on your car. Ignition interlocks have a breathalyzer device that measures your BAC. You must blow into the interlock device to prove sobriety every time you want to drive your car. How Long Does a DUI Stay on Your Criminal Record? Under Wyoming law, felony DUI convictions cannot be removed from your record. However, if you have a misdemeanor DUI conviction, there is good news. In 2015, the Wyoming Legislature changed the laws regarding expungement of criminal conviction records. Under the new laws, courts may now expunge misdemeanor DUI convictions no less than five years after the date of the conviction. Although DUI convictions are now eligible for expungement, you still must follow certain court procedures and meet specific requirements so that a court will remove the record. How Do I Remove a DUI Conviction from My Record? Wyoming law requires specific procedures to expunge a DUI conviction from your record. First, you must demonstrate that you have completed all of the sentencing requirements imposed by the court for the original conviction. This may include: Serving jail time,Paying fines or court costs and any restitution, andCompleting court-ordered substance abuse classes. Once the court confirms you have completed your sentencing requirements, you may file a petition for expungement of your misdemeanor conviction. Under Wyoming Statute 7-13-1501 expungement of a criminal conviction requires: That at least five years have passed since the end of the terms of the sentence (such as probation or a jail term),That the DUI did not involve the use of a firearm, andThat you pay a $100 filing fee for each petition for expungement. A court may, at its discretion, request a copy of your criminal history for review. If the court finds you are eligible, it will expunge your misdemeanor DUI conviction. Expungement means that your conviction will not appear in a criminal background check, such as those performed for employment or housing. However, expungement does not prevent other law enforcement agencies from accessing your records.  Should I Hire an Attorney to Expunge My DUI? Filing a petition for expungement is a complicated and time-consuming process. In addition to the requirements listed above, you must give notice to all affected parties, including any affected victims and the district attorney. The district attorney and any of the identified victims have the option to oppose your petition. If this happens, the court will set a date for a hearing to hear arguments from both sides. Given these complex legal procedures, it is best to hire a skilled criminal defense attorney to handle your petition. The attorneys at Cowboy Country Criminal Defense have extensive experience successfully handling criminal DUI convictions. We understand the difficulties a DUI conviction can cause. Our dedicated staff cares deeply about our clients and will ensure you receive the best possible representation. For a free consultation, contact our offices at 307-215-9724 or fill out an online form today.