Strategies for Challenging Breathalyzer Results in DUI Cases
A single test result can drastically impact a case, but breathalyzer machines aren’t perfect. They’re machines that depend on proper use, accurate calibration, and reliable administration by law enforcement. Consequently, there are many ways attorneys can raise doubts about whether the results truly reflect intoxication.
As a law firm dedicated to criminal defense, we focus on protecting our clients’ rights by examining every detail of how the test was conducted. At Gutin & Wolverton, we know how much is at stake when someone faces a DUI charge in Cocoa, Florida. Keep reading to learn how breathalyzer results work under Florida law..
Breathalyzers in Florida DUI Cases
Under Florida law, breathalyzers are used to measure blood alcohol concentration (BAC) through a breath sample. The legal limit for most drivers is 0.08 percent, but the consequences can begin at even lower levels for commercial drivers or drivers under the age of 21.
Prosecutors often rely heavily on these numbers, but our experience in criminal defense has shown us that a breathalyzer reading isn’t always as straightforward as it seems.
The breathalyzer doesn’t directly measure blood alcohol. Instead, it estimates BAC based on the amount of alcohol vapor in a person’s breath.
That process leaves room for error, particularly if the machine isn’t maintained correctly or if the person administering the test doesn’t follow the rules set out under Florida’s implied consent laws.
Common Issues With Breathalyzer Testing
From our work in criminal defense, we know that several factors can lead to questionable or unreliable breathalyzer results. These include:
Lack of proper machine calibration or maintenance
Errors in how the test was administered by law enforcement
Medical conditions that affect alcohol absorption or exhalation
Environmental factors such as residual mouth alcohol or exposure to certain chemicals
Improper record-keeping or gaps in the chain of custody of test results
Each of these issues can be a foundation for a defense strategy. When defending clients, we examine not only the machine but the human element in how the test was carried out.
Legal Standards in Florida for Breathalyzer Accuracy
Florida law requires law enforcement agencies to follow strict rules in maintaining and using breathalyzer machines. The Florida Department of Law Enforcement sets regulations on calibration, operator training, and documentation. If these standards aren’t met, the results may not be reliable evidence.
As a criminal defense firm, we take a close look at whether every step in the process was followed. Even a small mistake by the officer or a missed deadline in calibration records could mean the results shouldn’t be used in court.
Strategies for Challenging Breathalyzer Results
When we defend clients facing DUI charges, we develop legal strategies that highlight the weaknesses in breathalyzer evidence. Some of the most effective strategies include:
1. Questioning Calibration and Maintenance Records
Every breathalyzer must be regularly calibrated and tested for accuracy. If there are gaps in these records or if the machine was overdue for service, we can argue that the test results cannot be trusted.
2. Examining the Officer’s Procedures
Florida law requires officers to follow a strict 20-minute observation period before administering a breath test. If this rule is ignored, factors such as burping, vomiting, or the presence of mouth alcohol could distort the reading.
3. Challenging the Operator’s Training
The operator must be properly certified to administer the test. If they lack the correct training or if their certification has expired, we can raise doubts about the reliability of the evidence.
4. Medical Conditions and Interfering Substances
Conditions such as acid reflux, diabetes, or even certain diets can create chemical compounds that mimic alcohol in the breath. Similarly, products like mouthwash or certain medications can affect readings. These medical and chemical defenses can be powerful tools in criminal defense.
5. Independent Testing and Expert Review
In some cases, we may seek an independent analysis of the results or bring in a professional to explain how the science behind breathalyzers can fail. Independent evidence often helps us challenge the state’s claims and strengthen our client’s defense.
Key Reasons Breathalyzer Results May Be Wrong
To summarize, breathalyzer results in Florida DUI cases may be challenged for reasons such as:
Improper calibration or maintenance of the machine
Failure to follow the 20-minute observation rule
Operator error or lack of certification
Medical conditions such as GERD or diabetes
Use of alcohol-based products or chemicals in the environment
Poor record-keeping or gaps in documentation
Failure to comply with Florida Department of Law Enforcement regulations
These aren’t just technicalities. Each one represents a real possibility that the reading doesn’t reflect actual impairment.
The Importance of Thorough Criminal Defense
At Gutin & Wolverton, we believe that no one should face penalties based on unreliable science. DUI convictions can lead to license suspension, heavy fines, probation, and even jail time.
Beyond the criminal penalties, the personal and financial consequences can be long-lasting. That is why we work tirelessly to identify every weakness in the prosecution’s case.
Our approach to criminal defense isn’t limited to challenging breathalyzer results. We also examine the initial traffic stop, field sobriety tests, and whether constitutional rights were violated during the arrest. By building a comprehensive defense, we give our clients a solid chance at protecting their future.
Florida Courts and Case Law on Breathalyzers
Florida courts have repeatedly recognized the importance of strict compliance with testing standards. In some cases, breathalyzer evidence has been thrown out because agencies failed to meet maintenance schedules or officers didn’t follow procedures.
These cases show that courts are willing to exclude evidence if we can demonstrate that the rules weren’t followed.
As a criminal defense firm, we stay informed about the latest court decisions and scientific developments related to breath testing. This knowledge allows us to bring strong arguments into the courtroom and challenge assumptions that breathalyzer results are automatically accurate.
Protecting Rights in DUI Cases
DUI charges are serious, but they aren’t hopeless. Breathalyzer evidence may seem like the strongest part of the state’s case, but it’s often where we find the most opportunities for defense. By focusing on the science, the procedures, and the law, we can fight to protect our clients’ rights.
Our goal is to make sure our clients aren’t unfairly convicted based on unreliable evidence. Breathalyzer machines aren‘t perfect, and when mistakes are made, it’s our responsibility to bring those mistakes to light.
Strategic Legal Representation
At Gutin & Wolverton, we dedicate ourselves to defending clients by questioning every detail of how the test was conducted. From calibration records to medical conditions, there are many ways to raise doubts about the accuracy of breathalyzer results.
A DUI conviction can have lifelong consequences, but with a strong criminal defense, it’s possible to protect your rights and fight for a better outcome. If you’re facing DUI charges, we’re here to stand by your side and pursue every available defense. We’re proud to serve Cocoa, Florida, and the surrounding areas. Call today.