Understanding How Legal Defense Can Weaken Breathalyzer Evidence in a Florida DUI Case
Breathalyzer tests are often seen as definitive proof in DUI cases. But while many people assume the results are ironclad, that’s not always the case. Breathalyzer machines can be faulty, misused, or misunderstood, which opens the door for a strong legal defense. If you've been charged with DUI in Florida based on breathalyzer results, it's important to know that an experienced Florida DUI lawyer can challenge those results in a variety of ways.
Let’s walk through how a DUI lawyer can contest breathalyzer evidence in a Florida DUI case and what that could mean for your defense.
How Breathalyzers Work and Their Role in a DUI Case
In Florida, the legal blood alcohol concentration (BAC) limit is 0.08%. If a breathalyzer test shows a BAC above this threshold, law enforcement can use that as a basis for DUI charges under Florida Statute § 316.193. However, breathalyzer results are not foolproof. The device measures the alcohol content in your breath and uses that measurement to estimate your blood alcohol level. The problem is, many factors can interfere with the accuracy of that estimation.
A good DUI defense attorney understands that breathalyzer tests can be contested based on the device’s reliability, how the test was administered, and even the circumstances surrounding the arrest. This could mean the difference between a conviction and an acquittal or a reduction in charges.
Issues with Breathalyzer Calibration and Maintenance
One of the primary ways we can challenge breathalyzer evidence is by examining the calibration and maintenance of the device. Breathalyzers need to be regularly calibrated to ensure they give accurate readings. Florida law requires law enforcement agencies to maintain proper records of each device's calibration. If those records show irregularities or missed maintenance, it could invalidate the results of the test.
Operator Error in Administering the Breathalyzer Test
Even if the breathalyzer device is working correctly, human error can still affect the accuracy of the test. Florida law enforcement officers are required to follow specific procedures when administering a breathalyzer. For example, the officer must observe you for 20 minutes prior to the test to make sure you don’t eat, drink, or regurgitate anything, as these actions can impact the breath sample.
If the officer doesn’t follow the proper protocol, we can argue that the test results are unreliable. Even a small mistake in the procedure can cast doubt on the evidence.
Medical Conditions That Affect Breathalyzer Results
Certain medical conditions can also affect breathalyzer results. For instance, individuals with gastroesophageal reflux disease (GERD) or acid reflux may have alcohol from their stomachs rise into their mouths, leading to artificially high BAC readings. Similarly, diabetics can experience a condition known as ketosis, which produces acetone on their breath. Breathalyzers may mistakenly interpret acetone as alcohol, leading to inaccurate results.
As your DUI lawyer, I can introduce evidence of any medical conditions that may have influenced your test results. This can help weaken the prosecution’s case and potentially lead to reduced charges or an outright dismissal.
Diet and Breathalyzer Results
Certain low-carb diets, like the ketogenic diet, can also produce higher-than-normal levels of acetone in your breath. Just like in diabetics, breathalyzers can misinterpret this as alcohol, giving a false positive reading. If you were following a special diet at the time of your arrest, this could be another factor in your defense.
Environmental Factors that Impact Breathalyzer Readings
It’s not just your health that can affect a breathalyzer test; environmental factors can play a role too. For example, if you were exposed to certain chemicals like paint fumes or gasoline before the test, it could skew the results. Even something as simple as using mouthwash that contains alcohol can lead to a false positive.
These are the kinds of details that we can investigate to build a defense. If there’s any indication that an external factor influenced the test, we’ll argue that the results are unreliable.
Retrograde Extrapolation
Breathalyzer tests often don’t happen immediately after you’re pulled over. If there’s a significant delay between when you were driving and when the test was administered, your BAC could have risen after you stopped driving due to a process called retrograde extrapolation. Essentially, your body continues to absorb alcohol for a period of time after you stop drinking. This means your BAC may have been below the legal limit while you were driving, even if it was higher when the test was finally conducted.
This is a complex defense, but it can be very effective when properly argued. By challenging the timing of the breathalyzer test, we can create reasonable doubt about whether you were actually over the legal limit while driving.
Challenging the Reliability of the Breathalyzer Model
Not all breathalyzer machines are created equal. Some models are known for being less reliable than others, and courts have thrown out cases based on the use of faulty devices. We can investigate the specific machine used in your test and look into its history. If we can show that the breathalyzer model has been discredited or has a history of producing false positives, that could be another avenue for challenging the evidence against you.
Questioning the Chain of Custody
Breathalyzer test results are considered evidence, and like any piece of evidence, they must be handled according to specific protocols to maintain their integrity. If the prosecution can’t prove a proper chain of custody for the test results, we may be able to get the evidence thrown out. This means showing that the results were improperly recorded, stored, or transferred at some point in the process.
The Role of a DUI Lawyer in Building Your Defense
When you’re facing DUI charges, having a lawyer who knows the intricacies of Florida’s DUI laws is crucial. Breathalyzer evidence is one of the most common pieces of evidence in DUI cases, but it’s also one of the most challengeable. By examining every aspect of how the test was conducted and the reliability of the results, I can build a strong defense on your behalf.
Our goal is to weaken the prosecution’s case and either get the charges reduced or dismissed altogether. Every DUI case is different, but challenging the breathalyzer test is often one of the most effective strategies.
Fighting Breathalyzer Tests in Florida FAQs
Can breathalyzer test results be challenged in a Florida DUI case?
Yes, breathalyzer test results can absolutely be challenged in a DUI case. There are many factors that could affect the accuracy of the test, including improper calibration, operator error, medical conditions, environmental factors, and more. A skilled DUI lawyer will examine these factors to build a defense and potentially have the results thrown out.
What happens if the breathalyzer machine wasn’t calibrated properly?
If the breathalyzer machine wasn’t calibrated correctly, its readings may be inaccurate. Florida law requires law enforcement to maintain proper calibration records for each breathalyzer device. If we find that the machine wasn’t properly maintained or calibrated, we can argue that the test results should be invalidated.
Can medical conditions affect breathalyzer results?
Yes, medical conditions like GERD, acid reflux, and diabetes can affect breathalyzer results. These conditions can cause alcohol or other substances to be present in the breath, leading to false positive results. Your DUI lawyer can present evidence of your medical condition to cast doubt on the breathalyzer results.
Can I refuse a breathalyzer test in Florida?
Under Florida’s implied consent law, you are required to submit to a breathalyzer test if law enforcement has probable cause to believe you are driving under the influence. Refusing the test can result in an automatic license suspension and could be used against you in court. However, breathalyzer refusal does not mean an automatic DUI conviction, and a DUI lawyer can still challenge other evidence in your case.
How do environmental factors impact a breathalyzer test?
Environmental factors like exposure to certain chemicals or using mouthwash with alcohol can lead to inaccurate breathalyzer results. If you were exposed to something that could have affected the test, your DUI lawyer can bring this up as a defense and question the reliability of the results.
Can the timing of the breathalyzer test affect the results?
Yes, the timing of the test can impact the results. If there’s a delay between when you were driving and when the test was administered, your BAC may have been lower while you were driving. This is called retrograde extrapolation, and it’s another way to challenge the results. A DUI lawyer can analyze the timing and argue that the breathalyzer reading doesn’t reflect your actual BAC while driving.
Call Musca Law 24/7/365 for a FREE Consultation
If you’ve been charged with DUI in Florida, you don’t have to face it alone. Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation. Our team of experienced DUI defense attorneys is ready to help you challenge the evidence against you and protect your rights. We serve all 67 counties in Florida and are available anytime to discuss your case.