Bars and restaurants make money the more that their patrons drink, but they also risk a degree of liability if they break alcohol service rules. Dram shop laws sometimes lead to insurance claims and lawsuits brought against businesses because of their practices when dispensing alcohol to the public.
Many companies that generate revenue through alcohol sales carefully train their staff members to ensure proper compliance with state service laws. They may also post signage throughout the business clarifying policies and provide certain amenities to reduce the likelihood of a patron driving drunk.
Breath test devices that people pay to use are one tool for helping businesses deter drunk driving. Unfortunately, they can give motorists a false sense of confidence. Someone who has tested their blood alcohol content (BAC) before leaving a bar or restaurant could still end up arrested for driving under the influence (DUI) charges. Why doesn’t testing guarantee compliance with the law?
A test could be inaccurate
The biggest risk factor when trusting chemical analysis of a device in a public setting is the likelihood of inaccurate results. Breath test systems analyze a sample of exhaled air to look for certain types of molecules. To provide an accurate reading, these devices need regular calibration and up-to-date software. Maintenance and calibration failures by the owner of the device or the party operating the business could lead to unreliable test results which in turn lead to people getting arrested.
Someone’s BAC can continue rising
The way that the body processes alcohol is a lengthy undertaking. The sooner after finishing a drink someone performs a test, the more likely the results are to be inaccurately low. It can take some time after an individual’s last drink before a BAC test accurately reflects their current alcohol levels. Therefore, the test performed at a business might be accurate at the time that someone took the test, but they may find that their results are far higher when a police officer tests them later.
Tactics that people use to gauge intoxication are almost all subject to failure at some point. Understanding the limits of self-testing can potentially help people avoid DUI charges. Those who get arrested despite their best efforts might be able to use their attempts at compliance as part of their defense strategy.
How portable and commercial breath tests work
Breathalyzers measure blood alcohol content (BAC) by analyzing the alcohol in your breath. When you consume alcohol, it enters your bloodstream and is eventually exhaled through your lungs. Breathalyzers capture this alcohol and use a chemical reaction to estimate your BAC. Consumer and restaurant devices differ from police-grade equipment in several ways. Police-grade breathalyzers are more sophisticated and undergo rigorous testing to ensure accuracy. They are often larger and more expensive than consumer models. Consumer devices, while convenient, may not be as reliable due to differences in technology and construction.
Several factors can affect the accuracy of breath tests. The quality of the device is crucial; cheaper models may not provide reliable results. Calibration is another key factor. Breathalyzers need regular calibration to maintain accuracy. Without it, readings can be off. User error also plays a role. Improper use, such as not following instructions or using the device in poor conditions, can lead to inaccurate results. Understanding these factors can help you make informed decisions about breathalyzer use.
Common reasons for inaccurate BAC results
Inaccurate BAC results can stem from various sources. Poor device maintenance or calibration is a common issue. Breathalyzers require regular upkeep to ensure they function correctly. Without it, readings can be skewed. Recent use of mouthwash, breath sprays or certain foods can also affect results. These products may contain alcohol or other substances that interfere with the test. Medical conditions such as acid reflux or diabetes can mimic intoxication. These conditions can cause alcohol-like substances to be present in the breath, leading to false positives.
Environmental factors such as temperature and humidity can impact breathalyzer accuracy. Extreme temperatures can affect the device’s sensors, while high humidity can alter the chemical reaction used to measure BAC. Being aware of these factors can help you understand the limitations of breath tests and the potential for error.
As South Carolina DUI lawyers who are former prosecutors, we have seen many inaccurate breath tests. We understand how these errors occur. We will look closely at the details of your case. We will question the accuracy of the breathalyzer test. Our attorneys will fight for the best possible outcome for you.
Dram shop liability and business responsibilities
Dram shop laws in South Carolina hold businesses accountable for serving alcohol to intoxicated patrons. These laws aim to prevent drunk driving and protect public safety. Bars and restaurants have a responsibility to monitor their patrons’ alcohol consumption. They must ensure they do not serve alcohol to visibly intoxicated individuals. They also cannot serve alcohol to underage people. Failure to do so can result in legal consequences.
Businesses can take several steps to prevent drunk driving beyond using breath testers. Training staff to recognize signs of intoxication is crucial. Employees should know how to handle situations where a patron has had too much to drink. Offering alternative transportation options, such as partnering with ride-sharing services, can help patrons get home safely. Encouraging responsible drinking through promotions or events can also make a difference. By taking these proactive measures, businesses can contribute to reducing drunk driving incidents and promote a safer community.
Was your BAC test inaccurate? Tell our DUI attorneys.
You are up against the state of South Carolina if you believe that your breath test is not accurate. Don’t go it alone: work with our DUI defense attorneys at the Drennan Law Firm. To schedule your free initial consultation with us, please call our us at 843-352-4149 or send us an email. We have offices in Mt. Pleasant, Goose Creek and Charleston.
