Breathalyzer tests are often central to DUI investigations in Florida, providing law enforcement with a measure of a driver's blood alcohol concentration (BAC). However, these tests are not infallible, and there are several strategies a skilled DUI defense attorney can employ to challenge the accuracy and admissibility of breathalyzer test results. This article will explore the various types of evidence collected during a DUI investigation and how a DUI attorney can challenge breathalyzer results in a Florida criminal case.

Evidence Collected During a DUI Investigation in Florida

When law enforcement officers suspect a driver of being under the influence, they will gather a range of evidence to support their case. This evidence is critical in building a DUI charge but can also be scrutinized and challenged by a defense attorney.

Observational Evidence

Observational evidence includes the officer's firsthand account of the driver's behavior, appearance, and performance during the traffic stop. This evidence is subjective and can vary depending on the officer's interpretation.

  • Erratic Driving Behavior: Swerving, speeding, or failing to maintain a lane are common indicators of impairment that officers observe before initiating a traffic stop.
  • Physical Appearance: Bloodshot eyes, flushed face, or disheveled clothing can be signs of intoxication that officers note during the stop.
  • Speech and Behavior: Slurred speech, confusion, or an inability to follow instructions can further support an officer's suspicion of impairment.

Field Sobriety Tests (FSTs)

Field sobriety tests are used to assess a driver's physical and cognitive abilities. The three standard tests are:

  • Horizontal Gaze Nystagmus (HGN): Observing the driver’s eye movements as they follow an object.
  • Walk-and-Turn (WAT): Instructing the driver to walk a straight line and turn around.
  • One-Leg Stand (OLS): Having the driver balance on one leg while counting.

These tests are designed to detect impairment, but their accuracy can be influenced by various factors, including medical conditions, environmental conditions, and even the driver's anxiety.

Breathalyzer Tests

Breathalyzer tests measure a driver's BAC by analyzing a breath sample. In Florida, a BAC of 0.08% or higher is considered legally impaired for drivers over 21 years old. While breathalyzer results are often seen as concrete evidence of impairment, they are not without flaws.

  • Calibration and Maintenance: Breathalyzers must be regularly calibrated and maintained to ensure accurate readings. Improper calibration can lead to inaccurate results.
  • Operator Error: The accuracy of a breathalyzer test can be compromised by the way it is administered. If the operator fails to follow proper procedures, the results may be invalid.
  • Physiological Factors: Certain medical conditions or even the consumption of certain foods or medications can affect breathalyzer readings, leading to false positives.

Chemical Tests (Blood and Urine)

In addition to breathalyzer tests, law enforcement may use blood or urine tests to measure the presence of alcohol or drugs in the driver's system. These tests are generally more accurate than breathalyzer tests but are also subject to strict procedures to ensure their reliability.

  • Chain of Custody: Proper documentation and handling of samples are crucial to maintaining the integrity of the evidence. Any breaks in the chain of custody can lead to contamination or tampering claims.
  • Time Delays: The timing of when the test is administered can affect the accuracy of the results. Alcohol levels in the blood can fluctuate, meaning that a delay in testing can produce misleading results.

How a DUI Attorney Can Challenge Breathalyzer Test Results

A skilled DUI attorney in Florida will use several strategies to challenge the validity of breathalyzer test results, potentially leading to their exclusion from evidence.

Questioning Calibration and Maintenance Records

One of the first steps a DUI attorney will take is to review the calibration and maintenance records of the breathalyzer device used during the arrest. Breathalyzers must be regularly calibrated to ensure accuracy, and any failure to do so can result in unreliable readings. If the records show that the device was not properly maintained or calibrated, the attorney can argue that the results should be excluded.

Investigating Operator Training and Protocol

The accuracy of a breathalyzer test is heavily dependent on the operator's training and adherence to protocol. A DUI attorney will investigate whether the officer administering the test followed the correct procedures and whether they were adequately trained. Any deviations from protocol can be used to challenge the validity of the test results.

Examining Physiological Factors

Certain physiological factors can affect breathalyzer readings, leading to false positives. For example, individuals with acid reflux, diabetes, or certain lung conditions may produce higher BAC readings than are accurate. An attorney can present medical evidence to demonstrate that the breathalyzer results were skewed by such conditions.

Challenging the Timing of the Test

The timing of when the breathalyzer test was administered can also be critical. Alcohol absorption rates vary, and a breath test conducted too long after the traffic stop may not accurately reflect the driver's BAC at the time of driving. A DUI attorney can argue that the test results do not provide a reliable measure of impairment at the time of the alleged offense.

Reviewing Video Evidence

Many law enforcement vehicles are equipped with dashboard cameras that record traffic stops and the administration of field sobriety and breathalyzer tests. A DUI attorney will review this footage to identify any inconsistencies in the officer's report or any errors in the administration of the tests. Video evidence can be a powerful tool in challenging the validity of breathalyzer results.

The Importance of Expert Witnesses

Expert witnesses can play a crucial role in challenging breathalyzer test results. A DUI attorney may call upon toxicologists, medical professionals, or former law enforcement officers with specialized knowledge of breathalyzer devices and DUI procedures. These experts can provide testimony that questions the reliability of the breathalyzer results, the procedures followed, or the impact of physiological factors on the test outcomes.

The Impact of Excluding Breathalyzer Results

Successfully excluding breathalyzer test results can significantly weaken the prosecution's case. Without this key piece of evidence, the prosecution may struggle to prove that the driver was impaired at the time of the arrest. This can lead to reduced charges, a more favorable plea agreement, or even a dismissal of 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 reliability of breathalyzer test results, it is essential 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 how breathalyzer tests work and the strategies available to challenge their results, you can better prepare to defend your case and pursue the best possible outcome.