Understanding Breath Test Errors and Defenses in Florida DUI Cases

When law enforcement stops a driver on suspicion of DUI in Florida, one of the most common ways they try to prove intoxication is through a breath test. The breathalyzer is often seen as solid evidence, but the reality is that these tests are not foolproof. If a breath test is administered improperly, the results can be inaccurate, leading to wrongful DUI charges. Let’s discuss how these tests work, common errors, and how a private attorney can challenge flawed breath test results to protect your rights.

Understanding Breath Tests in Florida DUI Cases

Under Florida Statutes § 316.193, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher. To enforce this law, officers often rely on breath tests, typically using the Intoxilyzer 8000, the machine approved for use in Florida.

A breath test measures the alcohol content in a person’s breath and converts it into an estimated BAC. However, several factors can compromise the accuracy of these results. Mistakes in administration, equipment malfunctions, and physiological conditions can all lead to falsely elevated readings.

Many drivers assume that breath test results are final, but they are not. A private DUI attorney can challenge the accuracy of the test and expose weaknesses in the prosecution’s case.

Common Errors in Administering Breath Tests

Failure to Observe the Required Waiting Period

Before administering a breath test, officers are required to observe the driver for at least 20 minutes to ensure that nothing affects the results. This waiting period is essential to prevent contamination from burping, vomiting, or residual alcohol in the mouth.

If the officer failed to conduct this observation properly, the results of the test could be unreliable. A private DUI attorney can subpoena video evidence from the testing room to determine if the waiting period was followed correctly. If it wasn’t, the results may be suppressed.

Improper Calibration of the Breathalyzer

The Intoxilyzer 8000 must be properly calibrated to ensure accurate readings. Florida law requires routine maintenance and calibration checks, and if these steps are skipped or recorded incorrectly, the test results cannot be trusted.

A defense attorney can request maintenance and calibration logs to determine if the machine was in proper working order. If there are gaps in the records, it may be possible to have the breath test thrown out.

Operator Error

Breath test machines must be administered by a certified breath test operator. If the officer conducting the test is not properly trained or fails to follow Florida Administrative Code Rule 11D-8, the results may be invalid.

A DUI defense attorney can cross-examine the arresting officer and review their training records to determine if they were qualified to administer the test. If they weren’t, the breath test results should not be used as evidence.

Physiological Factors That Can Affect Breath Test Results

Breath tests assume that every individual metabolizes alcohol the same way, but that’s simply not true. Several physiological factors can lead to inaccurate results, including:

  • Medical Conditions: Acid reflux, GERD, and diabetes can all cause falsely high BAC readings.
  • Breath Temperature: Elevated body temperature from illness or exertion can affect breath test accuracy.
  • Mouth Alcohol: If alcohol remains in the mouth due to recent drinking, mouthwash, or breath sprays, it can create artificially high BAC results.

A private DUI attorney can introduce medical evidence or expert testimony to challenge unreliable breath test results.

Challenging Breath Test Results in Court

Illegal Traffic Stop

Before an officer administers a breath test, they must have a lawful reason to stop you. If the traffic stop itself was unlawful, any evidence obtained—including breath test results—may be thrown out under the Fourth Amendment.

A private attorney can analyze the circumstances of the stop and file a motion to suppress any evidence obtained illegally. If the judge agrees, the prosecution’s case can weaken significantly.

Failure to Read Implied Consent Warnings

Under Florida Statutes § 316.1932, officers are required to inform drivers of the consequences of refusing a breath test. If an officer fails to properly explain these rights, the breath test results may be challenged in court.

A defense attorney can review body camera footage or arrest reports to determine if the officer followed the law. If not, the test results may be excluded.

Lack of Probable Cause for Arrest

Even if an officer has reason to conduct a traffic stop, they must still establish probable cause before arresting you for DUI. If the only evidence is a weak field sobriety test or vague observations of impairment, the breath test results could be challenged.

A private attorney can argue that there was no valid reason for the arrest, making any subsequent breath test results inadmissible in court.

Why a Private Attorney is Critical in Breath Test Cases

Fighting DUI charges based on breath test results requires a thorough understanding of Florida law, forensic science, and procedural defenses. A public defender may not have the time or resources to scrutinize every aspect of the case. A private attorney can:

  • Request and analyze breath test machine maintenance logs
  • Cross-examine the arresting officer’s training and conduct
  • Introduce expert testimony to explain breath test inaccuracies
  • File motions to suppress unlawfully obtained evidence
  • Challenge the validity of the traffic stop and arrest

Given the potential consequences of a DUI conviction—including license suspension, fines, and jail time—it’s critical to have a strong defense.

Florida DUI Case FAQs

How can a breath test be challenged in a Florida DUI case?
Breath tests can be challenged based on improper administration, equipment malfunctions, medical conditions, or illegal traffic stops. If the test was conducted improperly, the results may be suppressed.

What happens if the officer did not observe me before the breath test?
Florida law requires officers to observe a driver for 20 minutes before administering a breath test. If they fail to do so, the test results can be unreliable and potentially inadmissible in court.

Can medical conditions affect breath test results?
Yes. Conditions such as acid reflux, diabetes, and asthma can produce falsely high BAC readings. An attorney can present medical evidence to challenge the accuracy of the test results.

Is the Intoxilyzer 8000 always accurate?
No. The machine must be properly calibrated and maintained to ensure accurate readings. A DUI attorney can request maintenance logs to determine if the machine was functioning correctly at the time of the test.

What if the officer who administered the test wasn’t certified?
If the officer lacked proper certification or training, the breath test results may not be valid. An attorney can request the officer’s training records to determine if they followed Florida law.

Can I refuse a breath test in Florida?
Refusing a breath test results in an automatic driver’s license suspension under Florida’s Implied Consent Law. A first refusal leads to a one-year suspension, while a second refusal is a first-degree misdemeanor with harsher penalties.

How does a private attorney help in a DUI case?
A private attorney has the time and resources to analyze every aspect of your case, challenge faulty evidence, and develop a strong defense strategy to fight the charges.

Call 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.