Question: Can a fever affect a Maryland DUI blood or breath test?
Answer: A fever can affect a breath test because if your temperature has gone up beyond normal, the breath test machine that you blow in is assuming a certain temperature. And a matter of fact the solution itself of the machine is maintained at a certain temperature and there are certain variables that are involved in breath testing and they assume a certain number of variables that the average person will meet. And if a person’s temperature is elevated due to sickness or other conditions that can cause body temperatures to increase, this can actually cause a higher BAC number to register than the person actually experienced in reality.
And this is a potential defense to a BAC number, an elevated BAC or a DUI charge. Now a district court judge may be unlikely to buy such a thing, but it is a true and valid defense. This would undoubtedly result in the need to bring in an expert on these machines to discuss how the BAC number can be elevated as a direct result of the temperature. But it certainly can happen, it does happen, and in those cases experts are necessary to come in and to talk about that.