Breathalyzer tests are a key tool used by law enforcement in Florida to determine whether a driver is impaired by alcohol. However, the accuracy of these tests can be compromised by several factors, and improper administration of the tests can lead to unjust DUI charges. In this article, we will explore the potential issues with breathalyzer tests and how a DUI defense attorney can challenge these tests to help protect your rights.
Understanding Breathalyzer Tests
A breathalyzer test measures the amount of alcohol in a person’s breath to estimate their blood alcohol concentration (BAC). Florida law sets the legal BAC limit at 0.08%. If a breathalyzer reading exceeds this threshold, the driver can be charged with DUI. While breathalyzer tests are commonly used, they are not always reliable, and several factors can affect the results.
Factors That Can Lead to Inaccurate Breathalyzer Test Results
Several external factors can cause a breathalyzer test to produce an inaccurate reading, potentially leading to wrongful DUI charges. These factors include:
Calibration Issues
Breathalyzer machines require regular calibration to ensure accuracy. If a machine is not properly calibrated, it may give incorrect BAC readings. Even slight deviations in calibration can result in a higher or lower reading than the driver’s actual BAC.
Residual Mouth Alcohol
Breathalyzer tests measure alcohol in a person’s breath, but if there is residual alcohol in the mouth, such as from mouthwash, breath fresheners, or recent consumption of alcohol, it can falsely elevate the BAC reading. This residual alcohol can linger in the mouth and be detected by the breathalyzer, leading to inaccurate results.
Medical Conditions
Certain medical conditions can affect breathalyzer results. Conditions such as acid reflux, GERD (gastroesophageal reflux disease), and diabetes can cause the presence of ketones, which may be mistaken for alcohol by the breathalyzer. Individuals with these conditions may show higher BAC levels even when they have not consumed alcohol.
Environmental Factors
Environmental conditions, such as exposure to chemicals, paint fumes, or gasoline vapors, can interfere with breathalyzer test results. The presence of these substances in the environment can be absorbed into the breath, causing the breathalyzer to register a false positive for alcohol impairment.
Officer Error
Breathalyzer tests must be administered correctly to produce accurate results. If an officer fails to follow the proper procedures, such as ensuring the driver has not consumed food or drink in the 15 to 20 minutes before the test, the results may be skewed. Officer errors, including mishandling the machine or failing to conduct proper observation periods, can lead to inaccurate readings.
How a DUI Attorney Challenges Breathalyzer Test Results in Florida
If you are facing a DUI charge based on a breathalyzer test, a skilled DUI attorney can challenge the accuracy and reliability of the test results. Here are some common strategies used by DUI attorneys to dispute breathalyzer evidence:
Questioning Calibration and Maintenance Records
A DUI attorney will often request the calibration and maintenance records for the breathalyzer machine used in your case. These records can reveal whether the machine was properly maintained and calibrated according to legal requirements. If the machine was not properly calibrated or if there were issues with its maintenance, the attorney can argue that the test results are unreliable and should not be used as evidence.
Examining Officer Training and Test Administration
The effectiveness of a breathalyzer test depends on the officer administering it correctly. An experienced DUI attorney will investigate the officer’s training and whether they followed proper procedures during the test. Any deviation from protocol, such as failing to observe the driver for a required period before the test, can be grounds for challenging the results.
Arguing the Presence of Residual Mouth Alcohol
If residual mouth alcohol is suspected, an attorney can present evidence that the breathalyzer test may have detected alcohol from a source other than the driver’s bloodstream. This could include recent use of mouthwash or breath fresheners, recent consumption of alcohol that had not yet been absorbed into the bloodstream, or other sources of residual alcohol that could distort the BAC reading.
Raising Medical Defenses
If you have a medical condition that could affect the accuracy of a breathalyzer test, such as GERD or diabetes, your attorney can present medical evidence to explain how the condition may have caused a false positive. This could involve testimony from medical professionals or documentation of your medical history to support the claim that the breathalyzer results were inaccurate due to your condition.
Highlighting Environmental Contamination
If you were exposed to environmental contaminants such as paint fumes, gasoline vapors, or other chemicals that could affect the breathalyzer reading, your attorney can argue that these factors contributed to the false positive. Evidence of the environmental conditions at the time of the arrest can be used to demonstrate that the test results may not accurately reflect your level of impairment.
Field Sobriety Tests and How a DUI Attorney Challenges Them in Florida
Field sobriety tests (FSTs) are often conducted alongside breathalyzer tests to determine a driver’s level of impairment. However, like breathalyzer tests, FSTs are not always reliable and are subject to officer error, environmental factors, and the physical or medical condition of the driver. Here’s how a DUI attorney might challenge field sobriety test results in Florida:
Questioning the Environmental Conditions
Environmental conditions, such as uneven road surfaces, poor lighting, or adverse weather, can significantly affect a driver’s performance on field sobriety tests. A DUI attorney can argue that these conditions contributed to poor performance on the tests, rather than impairment due to alcohol or drugs.
Highlighting Medical and Physical Conditions
Many physical and medical conditions can impair a person’s ability to perform field sobriety tests. An attorney can present evidence of the driver’s medical history or physical limitations, arguing that these factors, rather than impairment, caused poor performance on the tests.
Examining Officer Training and Test Administration
Just as with breathalyzer tests, field sobriety tests must be administered correctly by trained officers. An attorney will examine the officer’s training and whether they adhered to standardized procedures when conducting the tests. Any deviation from protocol can be used to challenge the validity of the test results.
Importance of Expert Witnesses
Expert witnesses can play a crucial role in challenging breathalyzer and field sobriety test results. A DUI attorney may call on forensic toxicologists, medical professionals, or former law enforcement officers with specialized knowledge of these tests to testify on your behalf. These experts can provide valuable insight into the limitations of the tests and help build a strong defense.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you are facing a DUI charge in Florida due to inaccurate or improperly administered breathalyzer tests, it is crucial to seek the help of a skilled DUI defense attorney. Musca Law, P.A. has a team of experienced criminal defense attorneys with a proven track record of success in handling DUI cases. We provide free consultations 24/7/365 at 1-888-484-5057 and serve all 67 counties in Florida. Protect your rights and your future by contacting Musca Law, P.A. today for expert legal representation.
With the right legal defense, you can challenge breathalyzer test results, field sobriety tests, and other evidence that may not accurately reflect your level of impairment.