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Breathalyzer tests aren't infallible

When a person in New Jersey is in ketosis, his or her liver uses fat to create fuel. This process creates acetone that is expelled from the body as isopropyl alcohol each time a person breathes. The isopropyl alcohol may inflate a person's blood alcohol content, which could result in being charged with a DUI. While some parties claim otherwise, it has not been proven that most Breathalyzer devices can tell the difference between ethanol and isopropyl alcohol.

However, it is important to note that being in ketosis is generally not enough to push person's blood alcohol content past .08 percent. If a person has not been drinking, it may raise their blood alcohol level to around .02 or slightly higher. Furthermore, police use other evidence in addition to field sobriety tests to determine if a person is likely intoxicated.

For example, an officer will likely be able to detect the odor of alcohol on a person. The odor of alcohol is a key sign that a person has likely been consuming it. If an individual believes that the results of a Breathalyzer test are inaccurate, that person can request a blood test. However, the individual requesting the test will likely need to pay for it. Generally speaking, the best way to avoid a drunk driving charge is to never drive after consuming alcohol of any kind.

If a driver is charged with a DUI, he or she could lose a job, spend time in jail and pay a fine. Therefore, it may be a good idea for drivers charged with this offense to seek out the help of an attorney. A legal professional might cast doubt on the evidence in a case such as the results of a Breathalyzer test.

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Law Office of Jack L. Stillman, P.A.
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