The police stopped you and administered a breathalyzer test that showed you were intoxicated. But were you? Despite the breathalyzer test results, they may not be accurate. The prosecution often relies heavily on breathalyzer test results as evidence of intoxication. However, these tests are not infallible, and there are several ways to challenge their accuracy. As experienced Florida criminal defense attorneys, we understand the importance of fighting faulty DUI evidence and challenging breathalyzer test results to protect our client’s rights and freedom.
Understanding Breathalyzer Tests
Breathalyzer devices are designed to measure blood alcohol content (BAC) through a breath sample. Widely used in DUI cases, variables can cause them to produce inaccurate results. It’s important to understand how these devices work and their potential shortcomings when building a strong defense strategy.
Common Issues with Breathalyzer Tests
- Calibration and Maintenance Problems—Improper calibration or maintenance is one of the most frequent issues with breathalyzer devices. Florida law requires regular calibration and maintenance of breathalyzers. If records show that the device used in your case wasn’t properly calibrated or maintained, it could question the accuracy of the results.
- Environmental Factors—Temperature, humidity, and even radio frequency interference from electronic devices can lead to inaccurate results. An experienced criminal defense attorney can investigate these potential issues and use them to challenge the validity of the test.
- Medical Conditions and Dietary Factors–Certain medical conditions and dietary choices can significantly impact breathalyzer readings. For instance:
- Acid reflux or GERD can cause residual mouth alcohol, leading to falsely high BAC readings.
- An uncommon condition called Auto-Brewery Syndrome is the overgrowth of yeast and toxins in the body and can lead to detectable levels of alcohol in the bloodstream even if you haven’t consumed any alcohol.Low-carb diets or undiagnosed diabetes can produce ketones, which breathalyzers may mistake for alcohol.
- Some medications and even certain professions involving exposure to chemicals can trigger false positive breathalyzer test results.
- Operator Error–the accuracy of breathalyzer results also depends on the person administering the test. If the law enforcement officer isn’t properly trained or fails to follow correct procedures, such as observing the required waiting period before testing, it can lead to inaccurate results.
Strategies for Fighting Faulty DUI Evidence
Your criminal defense attorney can build your defense by challenging the DUI evidence by:
- Requesting Documentation—this step is important for obtaining all relevant documentation for review, including:
- Calibration and maintenance records of the breathalyzer device
- Training certifications of the officer who administered the test
- Records of the specific test procedures followed in your case
- Engaging expert testimony—Expert witnesses can be a powerful strategy in fighting faulty DUI evidence. These experts can testify about potential inaccuracies of breathalyzers and explain how various factors might have affected your specific test results.
- Challenging the traffic stop—Sometimesthe initial traffic stop that led to the DUI arrest may have been unlawful. If we can prove that the officer lacked probable cause for the stop, any evidence obtained afterward, including breathalyzer results, may be inadmissible in court.
- Test timing—This is a vital part of the defense strategy. BAC levels can continue to rise for some time after a person stops drinking. If there was a significant delay between the traffic stop and the administration of the test, we may be able to argue that the results don’t accurately reflect your BAC at the time of driving.
Timing is vital when fighting faulty DUI evidence and challenging breathalyzer test results. Over time, evidence can become less reliable or even unavailable. That’s why it’s critical to contact an experienced DUI defense attorney as soon as possible after your arrest to ensure the best possible outcome for your case.
Potential Outcomes
Successfully challenging breathalyzer test results can lead to favorable outcomes, including:
- Complete dismissal of DUI charges
- Reduction of charges to a lesser offense
- Mitigate the penalties and consequences
Even if a complete dismissal isn’t achieved, reducing the severity of the charges can also reduce the penalties you face.
DUI And Criminal Defense Attorneys In West Palm Beach
If you are stopped for a DUI, do not answer questions, or speak with police without your lawyer present. Ask for one immediately and do not say anything without the presence of your lawyer. Attorneys like Adam Farkas and Jacqueline Crowley are experienced criminal defense attorneys ready to defend you against Florida DUI charges. Our number is (561) 444-9529, and we’re available 24/7, whenever you need us.
If you have been charged with a DUI in West Palm Beach, contact Farkas and Crowley P.A. today.