Defeating the Intoximeters EC/IR II: GERD, Keto Diets, and Breathalyzer Flaws in Tennessee

When you are arrested for a DUI in Tennessee, the police will typically transport you to the station and ask you to blow into the state's official evidential breath testing machine: the Intoximeters EC/IR II. While prosecutors present these results as flawless scientific fact, the reality is that breathalyzers are essentially sophisticated estimates subject to biological and mechanical errors. Under T.C.A. § 55-10-408, these results can be admitted into evidence, but they are absolutely open to aggressive legal challenges. By hiring a specialized DUI lawyer from our US Lawyers directory, you can dissect the science of the machine and potentially have the breath results thrown out before trial.

The Science Behind the Intoximeters EC/IR II

The Intoximeters EC/IR II uses two distinct technologies-an electrochemical fuel cell and an infrared sensor-to estimate the concentration of alcohol in your deep lung air. It assumes a standard biological partition ratio (2100:1) for every human being, which is statistically inaccurate for a large portion of the population. Furthermore, the machine is maintained by the Tennessee Bureau of Investigation, Nashville, meaning if the TBI fails to properly calibrate a specific unit, every test from that machine is legally suspect.

Mouth Alcohol Contamination from GERD and Acid Reflux

One of the strongest defenses against a high breathalyzer reading is the presence of 'mouth alcohol.' The machine is designed to measure alcohol from your deep lungs. However, if you suffer from Gastroesophageal Reflux Disease (GERD), acid reflux, or a hiatal hernia, vapors from your stomach can unexpectedly erupt back into your esophagus and mouth. If you burp silently or suffer reflux right before blowing into the machine, the device will measure the concentrated stomach alcohol trapped in your mouth, causing a massively inflated false positive. Medical records proving a history of GERD can completely invalidate the EC/IR II results.

False Positives Caused by Ketosis (Keto Diets and Fasting)

The rise of the Keto diet has introduced a fascinating scientific flaw in breath testing. When your body is starved of carbohydrates (either through fasting, low-carb diets, or diabetes), it goes into a state of ketosis, burning fat for energy. This process produces compounds called ketones, specifically isopropanol. The Intoximeters EC/IR II is designed to detect ethanol (drinking alcohol). However, older models and poorly calibrated sensors can confuse isopropanol with ethanol. An attorney may argue that your high reading was not due to whiskey or beer, but simply the biological byproduct of your strict diet.

Challenging Machine Calibration and Maintenance Logs

Breathalyzers are delicate instruments that require constant maintenance. In Tennessee, the TBI requires law enforcement agencies to calibrate and test these machines regularly using control samples. If your defense attorney subpoenas the maintenance logs for the specific machine you blew into and discovers that it had failed calibration checks, was overdue for servicing, or had reported error codes in the days leading up to your arrest, the judge may rule the evidence scientifically unreliable and suppress the test results entirely.

The Mandatory 20-Minute Observation Period (Sensing Requirements)

In Tennessee, the admissibility of breath tests is governed by the strict rules established in State v. Sensing, 843 S.W.2d 412 (TN Supreme Court 1992). The most critical 'Sensing requirement' dictates that the arresting officer must continuously observe the driver for exactly 20 minutes prior to administering the breath test. During this deprivation period, the driver must not eat, drink, smoke, vomit, burp, or regurgitate. If the dashcam or booking room video shows the officer left the room, looked at their phone for several minutes, or allowed you to use the restroom out of sight, the 20-minute rule was violated. A violation of the Sensing requirements can result in the complete dismissal of the breathalyzer evidence.

The Cost of a Technical Breathalyzer Defense in TN

Challenging forensic science requires significant legal groundwork. Here is a general breakdown of the costs associated with fighting a breathalyzer result in Tennessee.

Timeline for Challenging Breath Results

Fighting the EC/IR II is not an immediate process. After your initial arraignment, your attorney will spend 30 to 90 days in the discovery phase, requesting video footage and machine logs from the state. Once the evidence is reviewed, they will file a Motion to Suppress the breath test. The hearing for this motion usually occurs 4 to 6 months after the arrest. If the judge suppresses the breath evidence, the prosecution often loses their main leverage and may be forced to offer a reduced charge (like reckless driving) or dismiss the case entirely.

Frequently Asked Questions (FAQ)