Challenging Breathalyzer Results In Florida
Florida Alcohol Test Errors Attorney
To convict you of driving under the influence or DUI in Florida, the prosecution must prove that your blood alcohol concentration at the time of your arrest was above .08. The use of a breathalyzer test is commonly used to establish blood alcohol concentration, but the test is by no means foolproof.
At The Umansky Law Firm, our drunk driving defense lawyers are here to protect your rights if you have been arrested for DUI/DWI in Orlando. We offer a free initial consultation to discuss challenging breathalyzer results in Orlando and other communities in central Florida.
Police use the Intoxilyzer 8000 in Orlando DUI cases. However, there are a number of ways breathalyzer tests from this machine can be challenged:
- Operator errors: If the breath test operator is unlicensed or has an expired license, the breathalyzer test results are inadmissible.
- Simulator solution errors: If the person administering the test failed to include the value of the simulator solution used in the machine, the results may be inadmissible.
- Testing errors: The breathalyzer machine measures your blood alcohol content at the time of the test — not while you were driving. If the testing is not conducted on a timely basis, the test results may not be accurate.
- Breathalyzer machine errors: If the breathalyzer machine is malfunctioning, is either not calibrated or is improperly calibrated, or the machine is not approved in Florida, the results are inadmissible.
- Chemicals that interfere with breath test results: Some common products such as nail polish and cough syrup contain alcohol and can interfere with breathalyzer test results. Chemicals such as acetaldehyde, acetone and toluene can also be read as alcohol.
If the breath test results can be successfully challenged, then police may not have the evidence they need to convict you of drunk driving. Our experience as former prosecutors allows us to give you an honest evaluation of your breath test results that you will know your options from the start.
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To schedule a free initial consultation with an Orlando DWI/DUI defense attorney at The Umansky Law Firm, contact us through this website or call (407) 228-3838.