How Faulty Breathalyzers Can Impact Your DUI Case and How to Fight Back

One of the most common pieces of evidence used in Florida DUI cases is the result from a breathalyzer test. These tests are designed to measure your blood alcohol concentration (BAC) and determine whether you're driving under the influence. However, what many people don’t realize is that breathalyzer machines are far from perfect. Defective equipment, improper maintenance, or operator error can all lead to inaccurate readings, which can have a huge impact on your case.

As someone who defends clients against DUI charges in Florida, I’ve seen firsthand how unreliable these machines can be and how this can make a difference in the outcome of a case. In this article, we’ll explore how defective breathalyzer equipment can be used as a defense in a DUI case and why it’s crucial to have a skilled attorney on your side.

The Role of Breathalyzers in Florida DUI Cases

Under Florida Statutes Section 316.193, a person is considered to be driving under the influence if they have a BAC of 0.08% or higher, or if they are impaired by alcohol or drugs to the extent that their normal faculties are impaired. Breathalyzer results are frequently used by law enforcement and prosecutors to establish that a driver’s BAC exceeded the legal limit.

Breathalyzers are designed to estimate the concentration of alcohol in a person’s breath and then calculate an approximate BAC. But the truth is, these machines are not always accurate. They are prone to a variety of issues that can lead to false readings, and in some cases, these inaccuracies can be the difference between a conviction and a dismissal of charges.

Common Problems with Breathalyzer Equipment

There are several factors that can cause breathalyzer machines to produce inaccurate results, which can be used as a defense in your DUI case:

1. Calibration Issues

Breathalyzer machines need to be properly calibrated to ensure accurate readings. Calibration is the process of adjusting the machine to measure BAC correctly, and it must be done regularly according to specific guidelines. If the machine is not calibrated correctly or the officer administering the test did not follow proper procedures, the results may be inaccurate. In fact, breathalyzers that are even slightly out of calibration can produce readings that are far above the actual BAC.

2. Improper Maintenance

Breathalyzers require regular maintenance to function correctly, and any lapse in maintenance can lead to faulty readings. Florida law enforcement agencies are required to keep records of the maintenance and servicing of breathalyzer machines, and these records can be crucial evidence in your defense. If the machine was not properly maintained, it may have produced inaccurate results, which could cast doubt on the validity of your BAC reading.

3. Operator Error

Not all officers are adequately trained to operate breathalyzer machines. Improper use, such as failing to observe the required waiting period before administering the test or not instructing the driver correctly on how to blow into the machine, can lead to inaccurate results. Florida law requires officers to follow specific protocols when administering a breathalyzer test, and any deviation from these procedures can be grounds to challenge the validity of the test results.

4. External Interference

Various external factors can impact breathalyzer readings. For example, certain medical conditions, such as acid reflux or diabetes, can cause the machine to register a higher BAC than is accurate. Additionally, substances like mouthwash, medications, or even certain foods can produce false positives on breathalyzer tests.

Environmental factors can also play a role. High temperatures, humidity, or exposure to certain chemicals can affect the accuracy of breathalyzer readings. This is why it’s important to consider all factors that may have influenced the test results in your DUI case.

Challenging Breathalyzer Evidence in Florida DUI Cases

As part of your defense, it’s essential to examine every aspect of the breathalyzer test to identify potential inaccuracies. Here’s how challenging breathalyzer evidence can work as a defense:

1. Requesting Maintenance and Calibration Records

One of the first steps in challenging a breathalyzer test is to request the machine’s maintenance and calibration records. These records will show whether the machine was properly maintained and calibrated according to Florida Department of Law Enforcement (FDLE) standards. If the records indicate that the machine was not calibrated correctly, this can raise doubts about the accuracy of your BAC reading.

2. Examining the Officer’s Training and Test Administration

The officer who administered the breathalyzer test must be properly trained and certified to operate the equipment. Additionally, the officer must follow specific procedures when conducting the test, such as observing the driver for 20 minutes before administering the test to ensure that they haven’t consumed any substances that could affect the results.

If it can be shown that the officer did not follow these procedures or lacked the necessary training, this can be used to challenge the validity of the breathalyzer test results.

3. Hiring Expert Witnesses

In many cases, it’s beneficial to hire an expert witness who specializes in breathalyzer technology and DUI cases. An expert witness can analyze the test results, identify potential flaws in the machine’s operation, and explain to the court why the breathalyzer reading may be unreliable. This testimony can be invaluable in casting doubt on the prosecution’s evidence.

4. Arguing the “Rising BAC” Defense

Alcohol takes time to absorb into the bloodstream, which means that a person’s BAC can continue to rise even after they’ve stopped drinking. If there was a delay between the time you were pulled over and when the breathalyzer test was administered, your BAC may have increased during that time. This is known as the "rising BAC" defense, and it can be used to argue that your BAC was below the legal limit when you were actually driving.

The Importance of Hiring a Private Attorney

Facing a DUI charge is an overwhelming experience, but having a private attorney by your side can make all the difference in the outcome of your case. Private attorneys have the time, resources, and experience needed to build a strong defense and challenge the breathalyzer evidence.

How Hiring a Private Attorney Can Help:

  • Thorough Investigation: A private attorney will thoroughly investigate the circumstances of your arrest, including reviewing the maintenance and calibration records of the breathalyzer machine, the officer’s training, and any potential errors made during the test.

  • Access to Experts: Private attorneys often have access to expert witnesses who can analyze the breathalyzer test and provide testimony that challenges the accuracy of the results.

  • Negotiation Skills: In many cases, private attorneys can negotiate with the prosecution to reduce the charges or penalties you face, particularly if there are issues with the breathalyzer evidence.

  • Customized Defense Strategy: A private attorney will develop a defense strategy tailored to the specific details of your case, giving you the best chance of achieving a favorable outcome.

By hiring a private attorney, you’ll have someone who can advocate for your rights and fight to protect your future.

FAQs

Can breathalyzer results be challenged in a Florida DUI case?

Yes, breathalyzer results can be challenged in a Florida DUI case. If the machine was not properly calibrated, maintained, or if the test was administered incorrectly, the results may be inaccurate. An experienced DUI defense attorney can investigate these factors and present evidence to challenge the validity of the breathalyzer test.

How often must breathalyzer machines be calibrated in Florida?

In Florida, breathalyzer machines must be calibrated and tested at least once every month to ensure accuracy. These calibrations are documented, and law enforcement agencies are required to maintain records of the calibration and maintenance of each machine. If the machine used in your case wasn’t calibrated according to these requirements, the test results may be considered invalid.

Can medical conditions affect breathalyzer readings?

Yes, certain medical conditions can affect breathalyzer readings. For example, individuals with acid reflux, diabetes, or GERD (gastroesophageal reflux disease) may produce elevated BAC readings due to the presence of alcohol-like compounds in their breath. It’s essential to discuss any medical conditions with your attorney, as this information could be relevant in challenging the accuracy of the breathalyzer test.

Is refusing a breathalyzer test a good idea if I suspect the machine is faulty?

Refusing a breathalyzer test in Florida can have serious consequences, including a one-year license suspension for the first refusal and an 18-month suspension for subsequent refusals. However, if you believe that the breathalyzer machine is faulty, it’s important to let your attorney know so they can investigate and challenge the validity of the test results.

Can a DUI conviction based on breathalyzer evidence be expunged in Florida?

Florida law does allow for the expungement or sealing of certain criminal records, but DUI convictions are generally not eligible for expungement. This makes it even more important to fight the charges from the start. If you’re facing a DUI charge based on breathalyzer evidence, consult with an attorney who can help you explore your options.

Call Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation

If you’re facing a DUI charge in Florida and believe that defective breathalyzer equipment may have played a role in your case, you need experienced legal representation to fight for you. Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation. Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.