Breathalyzer tests are a common tool used by law enforcement in Florida to determine a driver's blood alcohol concentration (BAC) during a DUI stop. While these tests are widely accepted, they are not infallible. Various factors can compromise the accuracy of breathalyzer results, making them vulnerable to legal challenges. This article will explore the top strategies to get breathalyzer test results thrown out of a DUI criminal case in Florida, as well as how a DUI attorney can challenge field sobriety tests.
Challenging the Accuracy of the Breathalyzer Device
One of the most effective strategies for excluding breathalyzer results is to challenge the accuracy of the device itself. Breathalyzers require regular maintenance, calibration, and proper usage to function correctly. Any deviation from these standards can render the results unreliable.
Calibration and Maintenance Issues
Breathalyzer devices must be regularly calibrated to ensure accurate readings. If the device used during your DUI stop was not calibrated according to the manufacturer’s guidelines or state regulations, the results may be inaccurate. An attorney can request maintenance and calibration records to determine if the device was properly maintained. If there are any discrepancies, the test results may be excluded from evidence.
Improper Administration
The effectiveness of a breathalyzer test depends not only on the device but also on the officer administering it. Officers must follow specific protocols when conducting breathalyzer tests. If the officer failed to follow these procedures, the test results could be compromised. Common errors include:
- Improper device setup: If the officer did not properly set up the device before the test, the results might be inaccurate.
- Inadequate observation period: Florida law requires that the officer observe the driver for at least 20 minutes before administering the breath test to ensure they do not ingest anything that could affect the results. Failure to observe this period could lead to the exclusion of the results.
Examining the Conditions of the Test
The conditions under which the breathalyzer test was administered can significantly impact the accuracy of the results. Certain environmental factors and the driver’s physical condition can affect the test’s reliability.
Environmental Factors
External factors, such as the presence of chemicals in the air or exposure to certain environmental conditions, can interfere with breathalyzer readings. For instance, being near substances like paint fumes, gasoline, or cleaning products can result in false positives. An attorney can investigate the location and conditions of the test to determine if environmental factors could have compromised the results.
Medical Conditions
Certain medical conditions can affect a person’s breathalyzer test results. Conditions such as gastroesophageal reflux disease (GERD), diabetes, and certain lung diseases can cause a person to register a higher BAC than they actually have. For example, GERD can cause alcohol from the stomach to travel back up the esophagus and into the mouth, leading to an inflated BAC reading. An experienced DUI attorney can present medical evidence to challenge the breathalyzer results on these grounds.
Contesting the Chain of Custody
The chain of custody refers to the documentation that tracks the handling of evidence, such as a breathalyzer device or the test results, from the time it is collected until it is presented in court. If there are gaps or errors in the chain of custody, the integrity of the evidence can be called into question.
Gaps in Documentation
If the prosecution cannot provide a clear and unbroken chain of custody for the breathalyzer device or the test results, an attorney can argue that the evidence has been tampered with or mishandled. This can lead to the exclusion of the breathalyzer results from the case.
Questioning the Officer’s Training and Certification
The accuracy and reliability of breathalyzer test results depend on the officer’s training and certification. In Florida, officers must be properly trained and certified to administer breathalyzer tests. If the officer who conducted the test did not have the necessary qualifications, the results may be deemed inadmissible.
Certification Verification
A DUI attorney can request proof of the officer’s certification and training records. If the officer was not certified at the time of the test or failed to maintain their certification, the attorney can challenge the validity of the breathalyzer results.
Investigating Potential Equipment Malfunctions
Breathalyzer devices, like any other electronic equipment, can malfunction. These malfunctions can produce inaccurate or unreliable results. Identifying a potential malfunction can be a strong basis for excluding breathalyzer evidence.
Requesting Maintenance Logs
An attorney can request the maintenance logs of the breathalyzer device used during the DUI stop. If the device was not properly maintained or if there is a history of malfunctions, the attorney can argue that the results are unreliable and should not be admitted in court.
Challenging Field Sobriety Tests in Florida
Field sobriety tests (FSTs) are often used in conjunction with breathalyzer tests to establish probable cause for a DUI arrest. However, these tests are not always reliable and can be challenged in court.
Questioning the Administration of FSTs
Field sobriety tests must be administered under specific conditions to ensure accuracy. If the tests were conducted on uneven ground, in poor lighting, or under adverse weather conditions, the results might be compromised. A DUI attorney can argue that these factors affected the driver’s performance, leading to inaccurate conclusions about their impairment.
Physical or Medical Conditions Affecting Performance
A person’s performance on field sobriety tests can be influenced by various physical or medical conditions, such as balance issues, leg injuries, or neurological disorders. An attorney can present evidence of these conditions to challenge the reliability of the FST results.
Officer’s Subjective Judgment
Field sobriety tests rely heavily on the officer’s subjective judgment. This subjectivity can lead to biased or inaccurate assessments of the driver’s impairment. An attorney can highlight this subjectivity and argue that the officer’s observations should not be relied upon as definitive proof of impairment.
The Role of Expert Witnesses
Expert witnesses can play a crucial role in challenging breathalyzer and field sobriety test results. A DUI attorney may enlist the help of experts in fields such as toxicology, medicine, or forensic science to provide testimony that questions the reliability of the evidence presented by the prosecution. These experts can explain the limitations and potential flaws of the breathalyzer device, the impact of medical conditions on test results, or the influence of environmental factors on field sobriety tests.
Importance of Video Evidence
Many police vehicles are equipped with dashboard cameras that record the interaction between the officer and the driver during a DUI stop. This video footage can be a powerful tool for challenging the validity of breathalyzer and field sobriety tests. A DUI attorney can review the video to identify any procedural errors, environmental factors, or inconsistencies in the officer’s account of the events. This evidence can be used to argue that the breathalyzer results should be excluded from 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 believe that the breathalyzer test results or field sobriety tests may have been inaccurate or improperly administered, it is crucial 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 challenging 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 the strategies available to challenge breathalyzer and field sobriety test results, you can better prepare to defend your case and work towards a favorable outcome.