You may feel that a high breath test number makes your case impossible to win. However, these machines are not perfect and often produce results that do not reflect your actual level of impairment. Understanding the flaws in the technology is the first step toward a strong defense that protects your reputation in Weatherford.
Factor 1: Underlying medical conditions
Certain physical ailments can trick the Intoxilyzer 8000 into reporting a high blood alcohol concentration (BAC). If you suffer from acid reflux or GERD, stomach acid and undigested alcohol vapors may travel back into your esophagus. This creates a concentrated sample that does not represent the air from your lungs.
Diabetes and low carbohydrate diets can also create ketones in the blood. These compounds often mimic the chemical signature of alcohol on a breath test. This leads to a false positive for an innocent driver.
Factor 2: Presence of mouth alcohol
A breath test must measure deep lung air to be valid. Trace amounts of alcohol from a recent drink, mouthwash or even dental work will inflate the result. Oklahoma law requires a 15 minute deprivation period to ensure you do not ingest any substance, smoke or vomit.
A failure to follow this protocol can lead to the breath test results becoming inadmissible in court as of April 2026. This technical error creates a significant gap in the evidence used by the state. Your attorney will review the arrest logs for this specific violation.
Factor 3: Deviations in machine calibration
The state must maintain these devices according to strict technical standards. Oklahoma Board of Tests rules allow a narrow variance of +/- 0.005g/210L for maintenance calibration checks. If the machine deviates beyond this tiny window, the results are scientifically unreliable.
Technical logs often reveal that a machine was overdue for service at the time of your stop. A defense professional can subpoena these records to challenge the state.
Factor 4: Elevated body temperature
The software in these machines assumes that every person has a body temperature of 98.6 degrees. For every degree your temperature rises above this baseline, the BAC reading can overestimate your actual level by approximately 7%.
A higher body temperature increases the rate at which alcohol evaporates into your breath. This results in a higher reading than the amount of alcohol actually in your blood.
Consult a local attorney for your defense
Speak with a local attorney to discuss the specific details of your police report. A legal professional can review the maintenance records of the machine to identify errors in your case. This proactive approach helps you seek the best possible outcome for your future.
