In Florida DUI cases, breathalyzer tests play a crucial role in determining a driver’s blood alcohol concentration (BAC). These tests are often seen as a definitive measure of a person’s level of intoxication. However, breathalyzers are not always as accurate as they appear. Various factors can influence the results, leading to potentially faulty readings. In this article, we will examine how breathalyzer tests work, the factors that may affect their accuracy, and how DUI attorneys in Florida challenge breathalyzer results.

How Breathalyzers Work

Breathalyzers are devices used by law enforcement to measure the alcohol content in a person’s breath. The device estimates the concentration of alcohol in the bloodstream by analyzing the amount of alcohol in the exhaled breath. This process is based on the scientific principle that alcohol in the bloodstream is exhaled in a consistent ratio to the amount of alcohol in the breath.

When a person consumes alcohol, it enters the bloodstream through the stomach and small intestines. As the blood circulates through the lungs, alcohol evaporates into the alveoli (tiny air sacs in the lungs). When the person exhales, the breathalyzer captures a sample of this breath and calculates the BAC.

Factors Affecting Breathalyzer Accuracy

While breathalyzers are commonly used in DUI investigations, several factors can influence the accuracy of the test results. These factors may lead to inflated or unreliable readings, potentially causing wrongful DUI arrests or convictions.

Calibration Issues

Breathalyzer devices require regular calibration to ensure their accuracy. If the device is not properly calibrated, it may produce incorrect results. Calibration involves adjusting the machine to detect alcohol levels within a specific range. Failure to calibrate the device as required can result in faulty readings that overestimate or underestimate a person’s BAC.

Residual Alcohol in the Mouth

One common issue with breathalyzer tests is the presence of residual alcohol in the mouth, which can affect the accuracy of the results. This residual alcohol can come from several sources:

  • Mouthwash or Breath Sprays: Some mouthwashes and breath fresheners contain alcohol. If a person has used one of these products shortly before taking the breathalyzer test, the alcohol in their mouth can cause a higher reading than their actual BAC.
  • Recent Drinking: If a person consumes alcohol immediately before being pulled over, the breathalyzer may detect alcohol still present in the mouth rather than in the bloodstream. This can lead to an inaccurately high BAC reading.

Medical Conditions

Certain medical conditions can interfere with breathalyzer readings. For example:

  • Acid Reflux: People with acid reflux may have alcohol from their stomach rise into their esophagus, leading to higher BAC readings on a breathalyzer.
  • Diabetes: Individuals with diabetes can produce acetone in their breath, which some breathalyzer devices may mistake for alcohol, resulting in false positives.
  • Lung Conditions: Respiratory conditions such as asthma or chronic obstructive pulmonary disease (COPD) can affect the volume of air a person exhales, potentially skewing the test results.

Temperature and Environmental Factors

The temperature of the breathalyzer device and the environment in which the test is conducted can also impact the accuracy of the results. Breathalyzer devices are typically calibrated to operate within a specific temperature range. If the device is too hot or too cold, the readings may be less reliable.

Additionally, environmental factors such as exposure to certain chemicals or gases (e.g., paint fumes, gasoline) can interfere with breathalyzer readings and lead to inaccurate BAC results.

Human Error

The accuracy of breathalyzer tests is also subject to human error. Law enforcement officers are required to follow strict procedures when administering the test. If the officer does not follow proper protocols, such as failing to observe the individual for a sufficient period before administering the test or incorrectly instructing the driver on how to use the device, the results may be compromised.

How DUI Attorneys Challenge Breathalyzer Results in Florida

Given the various factors that can affect breathalyzer accuracy, experienced DUI attorneys in Florida are well-versed in challenging the reliability of breathalyzer test results. Here are some ways a DUI defense attorney may challenge these results:

Questioning Calibration Records

One of the first steps a DUI attorney will take is to review the breathalyzer’s maintenance and calibration records. If the device was not properly maintained or calibrated according to Florida Department of Law Enforcement (FDLE) guidelines, the test results may be deemed unreliable. The attorney may argue that the breathalyzer was malfunctioning at the time of the test and that the BAC reading cannot be trusted.

Analyzing the Observation Period

Florida law requires that law enforcement officers observe the driver for at least 20 minutes before administering a breathalyzer test. During this observation period, the officer must ensure that the driver does not eat, drink, vomit, or regurgitate, as these actions can affect the test results. If the officer fails to properly monitor the driver during this period, the attorney may challenge the accuracy of the test based on the lack of proper observation.

Investigating Residual Alcohol in the Mouth

If there is evidence that the driver used mouthwash, breath spray, or consumed alcohol just before being pulled over, the attorney may argue that the breathalyzer test was influenced by residual alcohol in the mouth. In such cases, the attorney may present evidence to show that the BAC reading was artificially inflated due to the presence of alcohol in the mouth rather than the bloodstream.

Presenting Medical Evidence

For clients with medical conditions such as acid reflux, diabetes, or lung disease, an attorney can present medical records or expert testimony to demonstrate how these conditions could have affected the breathalyzer results. By showing that the BAC reading was affected by a medical condition, the attorney can cast doubt on the validity of the test.

Highlighting Human Error

DUI attorneys will scrutinize the actions of the arresting officer to determine whether proper procedures were followed during the administration of the breathalyzer test. If the officer made errors or failed to follow the required protocols, the attorney may argue that the test results are not reliable and should be excluded from evidence.

Questioning the Accuracy of the Breathalyzer Model

Not all breathalyzer models are equally accurate. Some older or less sophisticated models may have higher error rates or be more susceptible to interference from environmental factors. An attorney may challenge the accuracy of the specific breathalyzer model used in the case by presenting data or expert testimony regarding the device’s potential flaws.

How DUI Attorneys Challenge Field Sobriety Tests in Florida

In addition to challenging breathalyzer results, DUI attorneys often challenge the reliability of field sobriety tests (FSTs), which are commonly used in DUI investigations.

Test Conditions

A DUI attorney may challenge the conditions under which the field sobriety tests were administered. Factors such as poor lighting, uneven terrain, or adverse weather conditions can make it difficult for a person to perform well on these tests, regardless of impairment. By highlighting these conditions, the attorney can argue that the results are unreliable.

Physical or Medical Conditions

Many individuals have physical or medical conditions that can impact their ability to perform field sobriety tests. For example, a person with a bad knee or inner ear issues may struggle to maintain balance during a one-leg stand or walk-and-turn test. An attorney can present evidence of these conditions to explain the driver’s poor performance on the tests.

Officer Training and Test Administration

The accuracy of field sobriety tests relies heavily on the training and experience of the arresting officer. If the officer did not follow standardized procedures or administered the tests incorrectly, the results may be compromised. An attorney will examine the officer’s training and actions to determine whether the tests were administered properly.

Subjectivity of the Tests

Field sobriety tests are inherently subjective, as they rely on the officer’s interpretation of the driver’s performance. This subjectivity leaves room for error or bias. An attorney may argue that the officer’s observations were flawed or biased, particularly if there is no objective evidence (such as video footage) to support the officer’s claims.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

If you have been charged with a DUI in Florida and are concerned about the accuracy of breathalyzer or field sobriety test results, it is crucial to seek legal representation from an experienced DUI attorney. Musca Law, P.A. has a team of experienced DUI defense attorneys with a proven track record of success in handling DUI cases. We provide free consultations 24/7/365 and serve all 67 counties in Florida. Contact Musca Law today at 1-888-484-5057 for your FREE consultation and protect your rights and future.