Breathalyzer tests are a critical component of DUI cases in Florida, often serving as key evidence for the prosecution. However, there are several strategies that an experienced DUI attorney can use to challenge the validity of these test results, potentially leading to their exclusion from the case. This article will explore effective strategies to get breathalyzer test results thrown out of a DUI criminal case in Florida and how a skilled DUI attorney can challenge the various field sobriety tests administered by law enforcement.
Understanding the Importance of Breathalyzer Test Results
Breathalyzer tests measure the concentration of alcohol in a person’s breath, which is then used to estimate their blood alcohol concentration (BAC). In Florida, a BAC of 0.08% or higher is considered legally impaired for drivers. Because breathalyzer results are often seen as reliable and objective evidence, they play a crucial role in DUI prosecutions. However, the accuracy of these tests can be influenced by various factors, making them vulnerable to challenge.
Factors Affecting the Accuracy of Breathalyzer Tests
Several factors can impact the accuracy of breathalyzer test results. An experienced DUI attorney can identify these issues and use them to argue for the exclusion of the test results.
Calibration and Maintenance of the Device
Breathalyzer devices must be regularly calibrated and maintained to ensure accurate readings. If the device used during your arrest was not properly calibrated or maintained, the results may be unreliable. An attorney can request maintenance records to determine if the device was functioning correctly at the time of the test.
Officer Training and Administration
The accuracy of a breathalyzer test also depends on the officer’s training and how they administer the test. If the officer did not follow the proper protocols or was not adequately trained, the test results may be invalid. An attorney can scrutinize the officer’s training records and the procedures followed during the test.
External Factors
External factors such as environmental conditions, the presence of certain chemicals, or the driver’s medical conditions can affect breathalyzer readings. For example, substances like mouthwash, certain medications, or even the presence of acetone in diabetics can lead to falsely high BAC readings. An attorney can investigate these external factors and present evidence to challenge the test results.
Timing of the Test
The timing of the breathalyzer test is critical. Alcohol absorption rates vary, and a test administered too early or too late may not accurately reflect the driver’s BAC at the time of driving. An attorney can argue that the timing of the test renders the results unreliable.
How a DUI Attorney Will Challenge Field Sobriety Tests in Florida
In addition to challenging breathalyzer test results, a DUI attorney will also examine the field sobriety tests (FSTs) administered during the traffic stop. These tests are often subjective and can be influenced by various factors.
Environmental Conditions
An attorney will assess the environmental conditions under which the FSTs were conducted. Poor lighting, uneven road surfaces, or adverse weather conditions can impact a driver’s ability to perform the tests accurately. These factors can be used to argue that the FST results are not reliable indicators of impairment.
Physical and Medical Conditions
Physical or medical conditions such as injuries, neurological disorders, or fatigue can affect a driver’s performance on FSTs. An attorney can present evidence of these conditions to challenge the validity of the FST results.
Officer Training and Protocols
The reliability of FSTs also depends on the officer’s training and adherence to standardized protocols. An attorney can investigate whether the officer followed proper procedures and was adequately trained. Any deviations from protocol can be used to cast doubt on the accuracy of the test results.
Subjectivity of the Tests
FSTs rely on the subjective judgment of the officer administering them. An attorney can highlight this subjectivity, pointing out inconsistencies or biases in the officer’s observations and conclusions. By questioning the officer’s interpretation of the test results, the attorney can argue that the FSTs should not be considered reliable evidence of impairment.
Importance of Video Evidence in Challenging Test Results
Video evidence from police body cameras or dashboard cameras can be a powerful tool in challenging both breathalyzer and FST results. This footage provides an objective record of the traffic stop, the administration of the tests, and the driver’s behavior. An attorney can use video evidence to highlight any discrepancies between the officer’s report and what actually occurred during the stop. This can strengthen the argument for excluding the test results from the case.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you are facing DUI charges in Florida and are concerned about the accuracy of breathalyzer or field sobriety test results, it is crucial to seek the assistance of a skilled and experienced attorney. Musca Law, P.A. offers 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.
By understanding the various strategies available to challenge breathalyzer and field sobriety test results, you can take proactive steps to defend yourself and seek the best possible outcome in your DUI case.