05/19/2026
The crime lab may already have the data showing your breath test was too high.
But they do not make it public.
That matters because breath test numbers can change everything in a DWI case.
Over 0.08?
You are over the legal limit.
Over 0.16?
You may face enhanced penalties, longer license consequences, and ignition interlock.
Yesterday, I wrote about how GLP-1 medications, fasting, rapid weight loss, ketosis, acetone, and isopropanol can cause an erroneously high DWI breath-test result.
But that raises the next question:
How much higher?
And can we prove it?
In many cases, yes.
The proof may be buried in data the government already has.
That data can show whether interfering substances on your breath may have contributed to the final reported breath-test result.
But you have to know what to ask for, how to analyze it, and how to use it.
This is not just a technical issue. It can change the entire case.
If the breath test was near 0.08 or 0.16, the number deserves scrutiny.
If medications, fasting, rapid weight loss, ketosis, diabetes, or endurance training, the number deserves scrutiny.
The test result may not tell the whole story.
We wrote more about this here:
Normal compounds on your breath could push you over the legal limit. Don't be a victim of the state's shoddy breath alcohol machine.