Challenging Breathalyzer Test Results in a Florida DUI

DUI Attorney Orlando

To be convicted of driving under the influence or DUI in Florida, the prosecution must prove that your blood alcohol concentration (BAC) at the time of your arrest was above .08. The police will normally use a breathalyzer test to establish blood alcohol concentration, but the test is by no means foolproof. If you think the results of your test are not accurate, you could be right. It is our job as DUI lawyers to prove this to the prosecution so we can potentially get your case thrown out.

How To Challenge the Reliability of The Breathalyzer Test

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 the 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 so that you will know your options from the start.

Should You Refuse A Breathalyzer Test in Florida?

There is no good, all-inclusive answer to this question. Every scenario is different and the right answer depends on many different things. Before you decide to take or refuse the breath test, consider these things:

  • 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 facing a driver’s license suspension of 1 year to 18 months.
    • Your driver’s license will be suspended for a mandatory period of 90 days. Unless, you 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. We have extensive experience handling all aspects of DUI case. Whether you refused the breathalyzer or blew over the legal limit, we are prepared to help you get your charges dropped or reduced.

Contact us today to learn more about your options. Call our Orlando office at 407-228-3838 now.

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