Understanding Breathalyzer Reliability and Defense Strategies
If you’ve been charged with a DUI in Florida, one of the primary pieces of evidence against you is the breathalyzer test. These devices are used to measure blood alcohol concentration (BAC), but they are not always accurate. Errors in calibration, officer administration, and medical or environmental factors can result in false readings. At Murphy & Downs Law Offices, we have successfully challenged breathalyzer results to protect our clients from wrongful convictions.
How Breathalyzer Tests Are Used in Florida DUI Cases
Under Florida law, a person is considered legally impaired if their BAC is 0.08% or higher or if they are under the influence of alcohol or drugs to the extent that their normal faculties are impaired. While breathalyzer tests are widely used to determine impairment, several factors can affect their reliability.
Factors That Can Lead to Inaccurate Breathalyzer Readings
- Calibration and Maintenance Issues – Breathalyzers require regular calibration and maintenance to function correctly. If not properly serviced, they can produce false readings. Reviewing maintenance logs can reveal if a machine was out of calibration at the time of testing.
- Errors in Test Administration – Officers must follow strict protocols when administering a breathalyzer test. They must ensure a proper observation period before testing, use the correct procedures, and be properly trained and certified.
- Medical Conditions – Certain conditions such as acid reflux, diabetes, or respiratory diseases can produce false BAC readings. For example, GERD can cause alcohol from the stomach to rise into the mouth, leading to an inaccurately high result.
- Mouth Alcohol Contamination – Residual alcohol from mouthwash, breath sprays, or recent alcohol consumption can impact test results. Officers must wait a sufficient period before administering the test to avoid contamination.
- Environmental Interference – External factors, such as electronic interference from police radios, can affect a breathalyzer’s accuracy.
Legal Strategies to Challenge Breathalyzer Test Results
Successfully challenging a breathalyzer test requires a strategic legal approach. Common defenses include:
- Examining Calibration Records – If maintenance logs show improper calibration or servicing, test results may be deemed unreliable.
- Cross-Examining the Arresting Officer – If an officer did not follow protocol or was not properly trained, the test results can be called into question.
- Presenting Medical Evidence – If a medical condition could have affected the results, expert testimony may be used to challenge the accuracy of the test.
- Analyzing External Factors – If environmental conditions or procedural errors compromised the test, the results may be invalid.
The Consequences of Refusing a Breathalyzer Test
Under Florida’s Implied Consent Law, refusing a breathalyzer test results in an automatic license suspension. A first refusal results in a one-year suspension, while a second refusal leads to an 18-month suspension and a misdemeanor charge. While refusal can limit the evidence against you, it also carries legal penalties that should be considered.
Why Hiring a Private DUI Attorney Matters
Facing a DUI charge can be overwhelming, but an experienced defense attorney can provide significant advantages, including:
- A thorough review of breathalyzer evidence and procedural errors
- Access to expert witnesses who can challenge test accuracy
- Negotiation for reduced charges or dismissal of the case
At Murphy & Downs Law Offices, we work aggressively to challenge breathalyzer evidence and protect our clients’ rights.
Frequently Asked Questions
Are breathalyzer tests always accurate?
No. Factors such as improper calibration, officer errors, and medical conditions can lead to inaccurate results.
Can I refuse a breathalyzer test?
Yes, but doing so results in an automatic license suspension and can be used against you in court.
What if my breath test results were inaccurate?
A DUI lawyer can challenge the results by examining calibration records, officer procedures, and potential medical or environmental factors.
Can breathalyzer errors lead to a DUI dismissal?
Yes. If the breathalyzer was not properly maintained, administered incorrectly, or otherwise unreliable, the case may be dismissed.
How can Murphy & Downs Law Offices help with my case?
We analyze all aspects of your DUI case, challenge flawed evidence, and develop strong legal defenses to protect your rights.
Contact Murphy & Downs Law Offices for DUI Defense
If you’ve been charged with DUI in Melbourne, FL, don’t face it alone. Murphy & Downs Law Offices has the experience to challenge breathalyzer results and fight for your best possible outcome.