A charge of operating while intoxicated (OWI) in Indiana often relies on blood-alcohol content (BAC) test results. These tests seem scientific, but they are not always accurate. Many factors can affect the results, leading to false or misleading readings. Defendants can challenge BAC results using different arguments and evidence.
Problems with breath and blood tests
Breath tests can give inaccurate readings due to improper calibration, device malfunctions, or external factors. If the operator does not maintain or regularly test the unit, it may not work correctly. Residual alcohol in the mouth, acid reflux, or certain medications can also lead to falsely high results. A defendant can request maintenance and calibration records to check if the equipment was in good condition.
Blood tests may also have issues. If the clinician does not store the sample properly, it can ferment and produce alcohol, causing an artificially high BAC reading. Errors in handling or contamination can also affect results. A defendant can question whether the lab followed the correct procedures when testing the blood sample.
Issues with the testing process
The way an officer administers a BAC test can impact the results. If the officer does not follow proper procedures, the test may be unreliable. For example, Indiana law requires officers to observe a person for at least 15 minutes before giving a breath test. If the officer does not do this, a defendant may be able to challenge the results.
Medical conditions and other factors
Certain medical conditions can affect BAC test results. Diabetes, acid reflux, and ketosis from low-carb diets can cause false positives. A defendant with these conditions may present medical evidence to explain unusual BAC readings.
Environmental factors can also play a role. Exposure to chemicals like paint fumes or gasoline can interfere with breath test results. People who work with these substances may argue that the BAC reading was incorrect.
BAC tests are not always reliable. Defendants can challenge the results by questioning the accuracy of the testing device, the procedures used, and external factors that could affect the outcome. By presenting evidence, they may be able to weaken the prosecution’s case.
