After a DUI arrest, you may believe that the results of a Breathalyzer test were wrong. It is possible that you are right. 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.
Challenging the Breathalyzers Accuracy
Police use the Intoxilyzer 8000 in Florida. 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.
Should You Refuse A Breathalyzer Test?
There is no good, all-inclusive answer to this question. There are many things to consider:
- If you take the test and blow under the legal limit: This can help exonerate you and help get the charged dropped.
- If you blow over the legal limit:
- You may be facing charges, but the Breathalyzer test results may not even be a factor in your case depending on how they are presented.
- You are facing a driver's license suspension of six months to one year.
- If you refuse the breath test:
- You are automatically facing a driver's license suspension of one year to 18 months.
- Your driver's license will be suspended for a mandatory period of 90 days.
- However, a new law in Florida allows you to waive your administrative hearing, get a hardship license and never have your license suspended for that 90-day period.
Contact a DUI Defense Attorney
At The Umansky Law Firm, our drunk driving defense lawyers are here to protect your rights if you have been arrested for DUI in Orlando. We have extensive experience handling all aspects of DUI case.
We offer a free case review to discuss challenging Breathalyzer results. Contact us today to learn more about your options. Call 407-228-3838 now.
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