Fighting DUI Charges Based on Breathalyzer Errors in Florida

Breathalyzer results often serve as the cornerstone of a Florida DUI case. Prosecutors rely heavily on these test results to demonstrate that a driver was over the legal blood alcohol concentration (BAC) limit of 0.08%, as outlined in Florida Statutes § 316.193. However, breathalyzers are not infallible. Errors in device calibration and maintenance can produce inaccurate BAC readings, leading to wrongful arrests and unfair convictions.

Let’s explore how a Florida DUI law firm can challenge a breathalyzer calibration issue and why this defense could be pivotal in your case.

What Is Breathalyzer Calibration?

Breathalyzer calibration is the process of ensuring that the device provides accurate BAC readings. Calibration involves adjusting the device so that its measurements align with a known alcohol concentration standard. Proper calibration is crucial because even minor errors can result in falsely elevated BAC readings.

In Florida, breathalyzers must be regularly calibrated and maintained according to strict guidelines set by the Florida Department of Law Enforcement (FDLE). The failure to meet these standards can invalidate test results, making them unreliable as evidence in a DUI prosecution.

How Calibration Issues Can Lead to Inaccurate BAC Readings

Breathalyzer devices measure the alcohol content in a person’s breath and use that to estimate their blood alcohol concentration. However, improper calibration can lead to significant inaccuracies, such as:

  • False Positives: The device may register alcohol even when the driver is not impaired.
  • Overestimated BAC: Minor errors in calibration can lead to BAC readings higher than the actual level.
  • Flawed Maintenance Records: If a device’s calibration and maintenance records are incomplete or inconsistent, the reliability of the results comes into question.

These errors can play a central role in challenging the validity of a DUI arrest.

Legal Grounds for Challenging a Breathalyzer Calibration Issue in Florida

Challenging breathalyzer results in a Florida DUI case requires a detailed examination of how the test was conducted, whether the device was properly maintained, and whether law enforcement followed proper procedures. Here are the primary defenses available:

Failure to Follow FDLE Standards

Florida law mandates strict compliance with FDLE Administrative Rules on breathalyzer maintenance and calibration. If the device was not properly calibrated or maintained as required, the test results may be excluded as evidence.

Lack of Proper Certification

Breathalyzer operators in Florida must complete proper training and certification to administer the test. If the officer who conducted the test lacked certification or training, the results may be invalid.

Incomplete Maintenance Records

Under Florida Statutes § 316.1934, the prosecution must demonstrate that the breathalyzer was functioning correctly at the time of the test. Missing or incomplete calibration logs can create grounds for challenging the results.

Equipment Malfunctions

Mechanical defects or sensor malfunctions can also compromise a breathalyzer’s accuracy. A thorough investigation of the specific device used can reveal whether such issues were present.

The Impact of Faulty Breathalyzer Evidence on Your DUI Case

Breathalyzer test results are often the primary evidence in a Florida DUI case. If those results can be excluded or weakened, the prosecution’s case may fall apart. Here’s how challenging the calibration can affect your case:

  • Reduced Charges: If BAC results are deemed unreliable, the prosecution may be forced to negotiate reduced charges or dismiss the case.
  • Suppressed Evidence: A successful motion to suppress could result in the breathalyzer results being excluded from evidence entirely.
  • Weakened Probable Cause: Without BAC results, the initial justification for the arrest may also be questioned.

Defending Against DUI Charges Based on Breathalyzer Calibration Errors

A strong defense strategy requires identifying every procedural error or technical flaw. Here’s how we approach breathalyzer challenges:

Step 1: Obtain Calibration Records

The first step is to request the breathalyzer’s maintenance and calibration records from the FDLE. These records reveal whether the device was serviced and calibrated according to state regulations.

Step 2: Review Officer Training and Certification

We also verify whether the arresting officer was properly trained and certified to administer the test. If not, the results may be deemed unreliable.

Step 3: Analyze Testing Conditions

Breathalyzer accuracy can also be affected by testing conditions such as:

  • Residual mouth alcohol from recent drinking.
  • Medical conditions like acid reflux or diabetes.
  • The presence of interfering substances, such as certain medications or hygiene products.

These factors can create grounds to challenge the test’s validity.

Step 4: File a Motion to Suppress Evidence

If significant issues are identified, we can file a motion to suppress evidence under Florida Statutes § 316.1934, arguing that the breath test results were improperly obtained and should be excluded from the case.

The Importance of Retaining a Private DUI Defense Attorney

When facing DUI charges in Florida, having the right legal defense can make a critical difference in the outcome of your case. While public defenders are dedicated professionals, they often lack the time and resources for the in-depth investigation required to challenge breathalyzer calibration effectively.

Retaining a private DUI defense attorney provides several advantages:

  • Thorough Case Analysis: We have the resources to investigate every detail of your case, from arrest procedures to breathalyzer maintenance records.
  • Access to Expert Witnesses: Breathalyzer calibration experts can testify on your behalf, explaining how errors may have affected your test results.
  • Customized Defense Strategies: Each case is unique. We craft defense strategies tailored to the specifics of your situation.
  • Greater Availability: A private attorney can give your case the personalized attention it deserves.

The 10-Day Rule: Protecting Your Driving Privileges After a DUI Arrest

After a DUI arrest in Florida, you have only 10 days to request a hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) to challenge the automatic suspension of your driver's license.

Failing to request this hearing results in an automatic license suspension, even if your criminal charges are later dropped. We can assist you in filing this request promptly and building a defense to restore your driving privileges.

Florida Breathalyzer Defense FAQs

How often must breathalyzers be calibrated in Florida?
Florida law requires regular calibration and maintenance of breathalyzer devices. The FDLE mandates that breathalyzers undergo routine checks to ensure accuracy. Failure to maintain proper records or calibrate the device as required could invalidate BAC results in court.

Can a DUI conviction be dismissed due to breathalyzer calibration errors?
Yes, if it can be proven that the breathalyzer was not properly calibrated or maintained, the BAC results could be suppressed. Without this critical evidence, prosecutors may lack the proof needed for a conviction, leading to reduced charges or a complete dismissal.

What happens if I refuse a breath test in Florida?
Refusing a breath test in Florida triggers an automatic license suspension under the Implied Consent Law (Florida Statutes § 316.1932). A first refusal leads to a 1-year suspension, while a second refusal can result in a 18-month suspension and additional misdemeanor charges.

How can an attorney prove a breathalyzer was improperly calibrated?
An experienced DUI defense lawyer can request the device's maintenance and calibration records from the FDLE and inspect whether the equipment was serviced as required. Expert witnesses can also testify about calibration issues that could affect the test's reliability.

Is it possible to win a DUI case if the breath test was over the legal limit?
Yes, even when BAC results exceed the legal limit, a DUI case can still be won. Errors in calibration, procedural violations, and other defenses could result in the exclusion of breath test evidence, weakening the prosecution’s case significantly.

Should I hire a private DUI lawyer for my breath test case?
Hiring a private DUI lawyer can greatly benefit your defense. Private attorneys often have the resources to thoroughly investigate calibration issues, challenge the evidence, and negotiate favorable outcomes that may not be possible with public defenders due to workload constraints.

How does the 10-day rule affect my license after a DUI arrest?
The 10-day rule allows you to challenge the automatic suspension of your driver's license after a DUI arrest. If you fail to request a hearing within this timeframe, your license will be automatically suspended, regardless of the outcome of your criminal case.

​​​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.