Picture this: You’re driving home after dinner with friends, confident you’re under the legal limit. Suddenly, flashing lights fill your rear‑view mirror. Moments later, an officer asks you to blow into a breathalyzer. The device beeps—and the screen shows a blood‑alcohol concentration (BAC) well above Maryland’s 0.08 % limit. You’re stunned. You know you didn’t have that much to drink. What went wrong?
Believe it or not, a false BAC reading is more common than most people think. Certain medical conditions, diets, and even everyday products can skew breath‑test results and lead to wrongful DUI arrests. If you’ve been charged based on questionable numbers, understanding how false BAC occurs could be the key to your defense.
At Maronick Law, we’ve helped drivers across Maryland—from Baltimore to Ocean City—challenge unreliable breath tests and protect their driving records. In this in‑depth guide, we’ll explore how medical issues and dietary choices can create a false BAC, what science says about breathalyzer accuracy, and how an experienced DUI attorney can fight back.
Why Breath Tests Aren’t Foolproof
Breath‑testing devices estimate your BAC by measuring alcohol molecules exhaled from your lungs. The technology assumes:
- The alcohol detected came from deep‑lung air, not your mouth or stomach.
- Everyone’s body processes alcohol the same way.
- No other substances in your breath can mimic alcohol’s chemical signature.
Those are big assumptions. Variations in physiology, health conditions, diet, and even the testing procedure itself can introduce error—sometimes enough to push an innocent driver over the legal limit.
Medical Conditions Linked to False BAC Readings
1. Gastroesophageal Reflux Disease (GERD)
People with GERD experience acid—and sometimes alcohol vapor—rising from the stomach into the esophagus. During a breath test, that mouth‑area alcohol can register as an inflated BAC.
2. Diabetes and Hypoglycemia
When blood sugar drops, diabetics can enter ketoacidosis, producing acetone in the breath. Some breathalyzers read acetone as ethanol, yielding a false BAC. Officers may also mistake diabetic symptoms (slurred speech, fruity breath, dizziness) for intoxication.
3. Auto‑Brewery Syndrome
It sounds like science fiction, but certain gut‑yeast imbalances can ferment carbohydrates into alcohol inside the digestive tract. Though rare, this condition can be a powerful defense.
4. Asthma Inhalers and Medications
Some inhalers contain alcohol‑based propellants. Using one minutes before a traffic stop can leave residual alcohol in the mouth, triggering a spiked, false BAC result.
Diets and Eating Patterns That Cause False BAC
Ketogenic and Low‑Carb Diets
Low‑carb eaters burn fat for energy, creating ketones. Breathalyzers may interpret certain ketone compounds as alcohol, inflating the BAC number. Add a single drink on top of that metabolic state, and the reading may soar beyond reality.
Intermittent Fasting
Going long hours without food, then quickly consuming a meal, can slow alcohol metabolism. At the same time, fasting ramps up ketone production—again risking a false BAC.
Fermented Foods and Kombucha
Sauerkraut, kimchi, and kombucha contain trace alcohol. While usually negligible, eating or drinking large portions right before a stop can leave mouth alcohol that skews the device.
Sugar‑Free Products With Sugar Alcohols
Xylitol and sorbitol in “diet” gum or mints aren’t the same as drinking liquor, but some breath analyzers can’t tell the difference in the first few minutes after consumption.
Procedural Errors That Amplify False BAC Risks
Even if you’re perfectly healthy and eating a balanced diet, human error can still create false numbers:
- Improper device calibration: Breathalyzers need regular, documented calibration. A lapse means unreliable data.
- Radio‑frequency interference: Police radios and cell phones can disrupt older devices, inflating readings.
- Operator inexperience: Mistakes in mouthpiece placement or breath‑sample collection can ruin accuracy.
A savvy defense attorney will dig into every one of these factors when challenging a false BAC case.
Similar Post: Top 5 Mistakes People Make After a DUI Arrest—and How to Avoid Them
Building a Defense Around a False BAC Claim
- Medical Documentation
- Your lawyer may request records confirming GERD, diabetes, or other conditions. Expert testimony from your physician can connect the dots between your health issue and the inflated reading.
- Dietary Evidence
- Food logs, receipts, or witness statements can show you were following a keto diet or had consumed fermented foods.
- Maintenance & Calibration Records
- Maryland law enforcement agencies must maintain detailed logs. Any deviations, missed calibrations, or expired certifications can undermine the prosecution’s breath‑test evidence.
- Independent BAC Analysis
- Blood tests taken soon after arrest can reveal lower alcohol levels than the breathalyzer indicated. Time‑stamped results are powerful in court.
- Cross‑Examining the Officer
- Was the observation period followed? Were radio devices kept clear? Did the officer receive updated training? Weak answers can sow reasonable doubt.
Potential Outcomes When a False BAC Is Proven
- Charge dismissal: Prosecutors may drop the DUI if breath‑test integrity is shredded.
- Reduction to lesser offense: You might see charges lowered to reckless driving, avoiding license suspension.
- Not‑guilty verdict at trial: A well‑presented false BAC argument can persuade a jury that the state failed to meet its burden of proof.
Every case is unique, but demonstrating reasonable doubt about your BAC is often enough to safeguard your freedom and your future.
FAQs About False BAC Readings in Maryland
Q: Are Maryland courts skeptical of breathalyzer accuracy? Yes. Courts recognize that breath tests are estimates, not infallible. Judges frequently allow challenges based on medical or procedural factors.
Q: Can I refuse the breath test to avoid a false BAC? Under Maryland’s implied‑consent law, refusal triggers a license suspension (270 days for a first refusal) and can be used against you in court. Weighing that risk against testing errors is a conversation to have with counsel.
Q: Will installing an ignition interlock help my case? It can show responsibility and sometimes shortens suspension periods, but it doesn’t fix the underlying false BAC issue. We focus on beating the charge first.
Similar Post: What Happens If You Refuse to Take a Breathalyzer Test in Maryland?
Take Action Quickly—Deadlines Are Short
In Maryland, you have 10 days from arrest to request an MVA hearing to challenge any license suspension. Missing that window means automatic penalties—even if your BAC was falsely high. Call an attorney immediately to preserve your rights.
Facing a False BAC Charge in Maryland? We’re Ready to Help.
High rates of alcohol‑related crashes and DUI arrests have made law enforcement vigilant in areas like Baltimore City, Anne Arundel County, Prince Georges County, and Worcester County (Ocean City’s summer hotspot). Unfortunately, that vigilance sometimes sweeps up innocent drivers with false BAC readings.
Maronick Law defends clients statewide—whether you were stopped on I‑95 in Baltimore, Route 50 heading into Annapolis, or Coastal Highway in Ocean City. We’ll investigate every medical, dietary, and procedural angle to expose unreliable breath‑test results and fight for dismissal or reduction of your charges.
Don’t let a false BAC ruin your record. Call 443-351-6657 or fill out our online contact form to request your free case evaluation today. We’re available 24/7 to protect your license, your reputation, and your freedom.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.