If you’ve ever heard someone say, “I failed a breath test, so I’m definitely getting a DUI,” you're not alone. Many people assume that a breathalyzer result is the final word in a DUI case. But that’s not how the legal system in Florida works. Breath tests are not foolproof, and a failed test doesn’t automatically mean a conviction.
Several factors can lead to inaccurate readings, and an experienced DUI defense attorney can challenge the reliability of breath test evidence. If you or someone you know is facing DUI charges in Clay County or anywhere in Northeast Florida, it’s important to understand that these cases are rarely as simple as they seem.
How accurate are breath tests?
Breathalyzers don’t measure blood alcohol concentration (BAC) directly. Instead, they estimate it based on the alcohol in a person’s breath. Because of this, breath tests are prone to errors. Breathalyzer devices need regular calibration to provide accurate results. If a police department fails to maintain or calibrate the device correctly, it could produce faulty readings. Some breathalyzers are also more reliable than others. Older models may not be as precise, and even the most advanced devices can give inaccurate results if misused.
False positives can happen for surprising reasons. Something as simple as mouthwash, breath spray, or certain foods can elevate BAC readings. Environmental factors like exposure to certain chemicals can also interfere with test results. Given these potential issues, a breath test alone shouldn’t be enough to convict someone of DUI.
Can law enforcement make mistakes when administering breath tests?
Police officers must follow strict procedures when administering a DUI breath test. If they don’t, the results may be unreliable.
One common mistake is failing to observe the driver for the required time before the test. Most states require officers to monitor the person for at least 15 to 20 minutes to ensure they don’t eat, drink, burp, or regurgitate, which can affect the test results. If an officer rushes through this process, the test may detect alcohol from the mouth instead of the lungs, which leads to an artificially high reading.
Another issue is the improper use of the device. Officers must follow specific steps when administering a breath test. If they don’t, such as giving the test too soon after a person stops drinking, the BAC reading may be higher than it should be. If a lawyer can show that the officer failed to follow proper procedures, the court may dismiss the breath test results as unreliable.
Can medical conditions affect breath test results?
Certain medical conditions can cause breath tests to show a higher BAC than the person’s actual blood alcohol level. People with acid reflux, gastroesophageal reflux disease (GERD), or diabetes may be at risk of false positives. Acid reflux and GERD can push alcohol from the stomach back up into the mouth, which could inflate BAC readings.
Diabetes is another issue. When diabetics experience ketoacidosis, their bodies produce acetone, a substance that some breathalyzers mistake for alcohol. This means that a completely sober person with diabetes could register a BAC above the legal limit. Metabolism and lung function also play a role. Some people naturally produce compounds that mimic alcohol in breath tests. Because of these medical factors, breath test results alone are not always a reliable indicator of intoxication.
Can the timing of a breath test impact the results?
The timing of a breath test can significantly affect BAC readings. Alcohol doesn’t enter the bloodstream immediately after drinking. It takes time to absorb. This means that a person’s BAC can continue rising even after they’ve stopped drinking. If an officer administers a breath test long after pulling a driver over, the result may not accurately reflect their BAC at the time they were driving. Someone who was under the legal limit while behind the wheel might blow over the limit later as their body continues to absorb alcohol.
This timing issue can be a strong defense in a DUI case. If a Florida DUI defense lawyer can argue that the test result doesn’t accurately represent the driver’s condition at the time of driving, it could create enough doubt to challenge the charge.
What legal defenses can challenge a breath test result?
Several legal defenses can challenge the accuracy and reliability of breath test evidence, including:
- Questioning the accuracy of the breathalyzer: A DUI lawyer can request maintenance and calibration records to see if the device was properly maintained. If not, the results may be thrown out.
- Challenging officer training and procedures: If the officer didn't follow proper testing procedures, an attorney can argue that the results are unreliable.
- Raising medical or physiological defenses: A driver with a medical condition such as GERD or diabetes may be able to prove that their BAC reading was artificially high.
- Arguing improper timing: If too much time passes between driving and the breath test, the results might not accurately reflect the person’s BAC while behind the wheel.
- Challenging the legality of the traffic stop: If an officer pulled someone over without reasonable suspicion or administered a breath test without probable cause, any evidence gathered may be inadmissible in court.
How can a Florida DUI lawyer help?
If you’ve been charged with DUI because of a breath test result, the best thing you can do is speak to a lawyer as soon as possible. The Clay County attorneys at Aguilar & Sieron, P.A. can review your case, identify possible defenses, and fight for the best possible outcome. Our job is to find weaknesses in the prosecution’s case. This may include bringing in forensic toxicology experts to question the reliability of the test or examining police records to uncover procedural mistakes. If errors are found, we can argue to have the breath test results dismissed.
When you schedule a consultation with Aguilar & Sieron, you’ll get a clear understanding of your legal options and what to expect next. Attorney Mark Sieron can answer your questions, explain potential defenses, and develop a strategy tailored to your situation.
Strict deadlines apply to challenging your license suspension and fighting your charges. So, don't wait. Contact us online or call our Green Cove Springs law office today to schedule a consultation.
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