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Can You Get A Flawed Breath Test Thrown Out Of A DUI Case In Florida?


Are you facing a charge for operating a motor vehicle while under the influence of alcohol? Breath test results—assuming you took one—are generally a key part of the prosecution’s case. You may be wondering: Can I challenge breathalyzer test results in a DUI case? The answer is “yes”—and flawed breath tests could be excluded as evidence in your case. Without that evidence, the DUI case may fall apart. In this article, our Orlando DUI defense lawyer highlights the key points to know about challenging a flawed breathalyzer test in Florida.

Florida has an Implied Consent Law (DUI Cases) 

Under Florida law (Florida Statute § 316.1932), all motorists give their “implied consent” to a breathalyzer test. If you are suspected of driving under the influence of alcohol, police officers can require you to provide a breath sample. If you refuse, you can be cited for a DUI refusal. It is an offense that carries the automatic suspension of the driver’s license in Florida. There may be other sanctions as well and you could still face criminal DUI charges.

A Breath Test May Not Always Be Sufficiently Reliable 

While breath tests are a common tool used by law enforcement to measure blood alcohol content (BAC) in suspected DUI cases, their reliability can sometimes be questioned. Various factors can affect the accuracy of breathalyzer results. Here are some of the most notable examples:

  • Calibration Problems: Breathalyzers require regular calibration and maintenance to ensure accurate results. If the device is not properly calibrated, the results can be off.
  • Operator Error: The accuracy of a breath test can also depend on the operator’s proficiency. Improper administration or misunderstanding of the device’s operation can lead to incorrect results.
  • Physiological Variations: A person’s physiology can affect breathalyzer readings. Factors such as body temperature, breathing pattern, and even diet can influence the concentration of alcohol in the breath. It is worth consideration if a driver is barely over the limit.
  • Medical Conditions: Certain medical conditions, such as acid reflux or diabetes, can produce substances in the breath that breathalyzers may falsely interpret as ethanol. 

Your DUI Defense Attorney Can Challenge the Admissibility of Breath Test Results 

Were you arrested for drunk driving in Central Florida? Do you believe that the breath test results are unreliable? You have the right to challenge them to get them excluded from your criminal case.  A top-tier Orlando, FL DUI defense lawyer can review your situation and take action to protect you from unreliable evidence. Flawed evidence should not be allowed into a criminal trial. Notably, if the breath test does get excluded, that can sometimes lead to DUI charges being dismissed outright. 

Schedule a Confidential Consultation With Our Orlando DUI Defense Lawyer Today

At The Baez Law Firm, our Orlando DUI defense attorney provides aggressive, solutions-focused legal advocacy to clients. If you have any questions about challenging a breath test, we can help. Call us now or connect with us online to arrange your confidential initial appointment. From our Orlando office, we defend DUI charges throughout all of Central Florida.

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