If you are like the average person, you likely hope that you will never get falsely accused of a crime. There are a number of people who face this type of inconvenience every year, and it is frightening to face the fact that some people get convicted of crimes that they did not commit. DUI is a concern for law enforcement and citizens, but there are times when people are arrested who are not under the influence. The tests that are administered may even seem to prove beyond a shadow of a doubt that unfortunate, innocent people are cruising around intoxicated. The following are examples of circumstances that could affect your alcohol breath test or make you appear to be drunk during a traffic stop.

False Positives

Some people are eager to submit to breath tests when asked to do so, but imagine their surprise when they are told that the tests are positive. False positives can occur for a number of reasons. They are commonly caused by other substances. For example, certain mouthwash or cough syrup may contain trace amounts of alcohol and can cause false-positives to occur.

Time Elapsed

Sometimes people are accused of being drunk when they may be within the legal limit at the time of the traffic stop. Keep in mind that some jurisdictions have zero tolerance laws for individuals who are under a certain age. People who are legally able to drink might be within the legal limit at the time of the traffic stop, but it is possible that their blood-alcohol level may rise in the midst of the traffic stop. This could happen if someone drank within a short time of their traffic stop, and other things such as field sobriety tests and confirming identity delayed prompt administration of the breath test.

Faulty Administration

A well-meaning law enforcement official could make a mistake when giving an alcohol test. In some states, individuals can request to have blood drawn, which will likely be performed by a healthcare worker, but there are issues that can go wrong with the specimen collection. For example, getting the samples of two individuals and mislabeling the names on them could result in test results that negatively impact a sober person and falsely exonerate a person who was actually drunk.

A criminal defense attorney is a good resource to rely on if you ever get accused of boozing while cruising. They can investigate the evidence pertaining to your case and may be able to prove your innocence or police misconduct.