Can San Bernardino’s Air Quality Affect Breathalyzer Results in a DUI Case?

Uncovering the Truth: How Air Quality Can Skew DUI Breath Tests

San Bernardino’s air isn’t just hard on your lungs—it might also be messing with your DUI breath test. If you’ve been charged with a DUI based on a breathalyzer reading, you need to know that environmental factors like pollution and volatile organic compounds (VOCs) can throw off those results. At Patrick Silva, Attorneys at Law, we fight aggressively to challenge unreliable breath test evidence because we know that science—and justice—are on your side.

Understanding How Breathalyzers Work (and How They Fail)

Breathalyzers detect alcohol in your breath by measuring ethanol molecules. But here’s the problem: these devices aren’t perfect, and they don’t just pick up alcohol—they can misinterpret other airborne substances as ethanol, leading to falsely high blood alcohol concentration (BAC) readings.

Is DUI Law Built on Bad Science?

Under California Vehicle Code §23152, driving with a 0.08% or higher BAC is illegal. Under perfect laboratory circumstances, one should be able to get an exact reading on a breath test. But what if that BAC reading was inflated due to San Bernardino’s poor air quality? If external contaminants compromise your breathalyzer result, the prosecution’s case against you could crumble.

The Science Behind Air Pollution and False BAC Readings

San Bernardino’s high levels of smog, wildfire smoke, and industrial emissions contribute to elevated VOCs in the air. These VOCs—like acetone, toluene, and methanol—can interfere with breathalyzer sensors, causing a misreading that could wrongfully land you with DUI charges.

California Code Breathalyzer Accuracy Requirements

California Code of Regulations Title 17 establishes strict guidelines for the maintenance, calibration, and administration of breathalyzer tests used in DUI cases. These regulations were established to protect individuals from wrongful convictions based on faulty equipment or improper testing procedures.

Under Title 17, law enforcement must:

• Properly calibrate and maintain breathalyzer devices at regular intervals.
• Ensure that breath test operators are adequately trained and certified.
• Observe a continuous 15-minute monitoring period before administering a test to prevent contamination from residual alcohol.
• Account for environmental factors, such as temperature and radio interference, which could affect test accuracy.

These points could help build a case for your DUI defense. DUI attorney Patrick Silva is certified in Standardized Field Sobriety Testing. He knows the subject inside out, vital when winning your case matters. 

If police officers fail to follow these regulations—such as using an improperly calibrated device or skipping the required observation period—your breath test results may be unreliable. Inaccurate results could mean your DUI charge was based on faulty evidence, which could be challenged in court. Our skilled San Bernardino DUI lawyers can investigate whether law enforcement complied with Title 17 requirements and use any violations to fight for case dismissal or reduction of charges.

Can Wildfire Smoke or Smog Affect a Breathalyzer?

Yes. Studies show airborne chemicals found in pollution-heavy areas—like San Bernardino—can lead to false positives on breathalyzers. Here’s how:

• Carbon monoxide in smog can alter metabolic processes, impacting BAC readings
• Wildfire smoke contains ethanol-like compounds that breathalyzers may misidentify
• Gasoline fumes, common in high-traffic areas, can interfere with breath test results

Challenging a DUI Charge Based on Air Quality Factors

Breathalyzers are not infallible, and the aggressive attorneys at Patrick Silva, Attorneys at Law, know how to expose their flaws. We may challenge:

• The calibration and maintenance records of the breathalyzer
• The environmental conditions at the time of your arrest
• Whether the officer followed proper protocol under Title 17
• The reliability of the specific breathalyzer model used in your case

Reliability of Breathalyzer Models Used by San Bernardino Law Enforcement

The accuracy of breathalyzer tests in DUI cases significantly depends on law enforcement’s specific model. In California, including San Bernardino, the Intoxilyzer 5000 is among the most commonly used devices. This desktop model employs infrared spectrophotometric analysis to measure blood alcohol content (BAC) by detecting how alcohol molecules absorb light at specific wavelengths. Similar molecules in your breath from pollutants could cause a different reading.

San Bernardino County law enforcement agencies commonly use portable breathalyzer devices during roadside DUI investigations. One such device is the Draeger Alcotest 7510, a screening tool and evidential breath-alcohol testing device.

The Draeger Alcotest 7510 is considered very accurate, but like all breathalyzer devices, it still has an inherent margin of error. Manufacturer specifications indicate a precision of plus or minus 1.7 percent of the measurement value.

The device’s calibration, environmental conditions, and individual physiological differences can influence test results. Research has indicated that breathalyzer readings can deviate by 15 percent from actual blood alcohol levels, and approximately 23 percent of individuals tested have breathalyzer readings surpassing their actual blood alcohol levels. Therefore, while the Draeger Alcotest 7510 is a trusted tool for law enforcement, understanding its potential limitations is crucial in assessing and addressing DUI cases.

How Breathalyzer Maintenance Affects Your DUI Case

If a breathalyzer isn’t correctly maintained, it can become even more susceptible to false readings. We can evaluate the following data: 

• When the device was calibrated
• Whether law enforcement followed the correct testing procedures
• If the officer administering the test had been correctly trained

Your Right to Challenge a DUI Test

Under California Vehicle Code §23612, drivers must submit to DUI testing. It doesn’t mean the tests are foolproof. If air pollution or other environmental factors affect your breath test, we’ll fight to remove that evidence.

Patrick Silva, Attorneys at Law, Is the Aggressive Defense You Need

DUI law is complicated, but we know the science behind breathalyzers better than most prosecutors. At Patrick Silva, Attorneys at Law, we’ve successfully defended clients by exposing faulty DUI evidence and ensuring their rights are protected. If you face charges for DUI in San Bernardino, don’t assume the breathalyzer results were accurate—assume you need a fierce legal defense.

Call Now: Don’t Let a Faulty Breath Test Ruin Your Life

A DUI charge can turn your world upside down—but you don’t have to face it alone. If you believe that San Bernardino’s air quality played a role in your DUI case, call Patrick Silva, Attorneys at Law, today. We’ll challenge every piece of evidence and fight to protect your future. Call us at 909-500-4819 now for a free consultation.