DUI: Breathalyzer Tests
If you have been arrested for
DUI in Fort Lauderdale, the officer will ask you to perform a breath, urine
or blood test in order to determine your blood alcohol level and what
your charges will be. As a licensed driver in the state of Florida, you
are legally required to submit to this request. There will be consequences
for refusing a test from a police officer, so it is wise to submit to
One of the most common methods for determining a person's blood alcohol
content is through a breathalyzer machine. The police officer will ask
you to blow air into the machine and you will probably be charged with a
DUI if your BAC is higher than the legal limit of 0.08%. Unfortunately, there
are many things that can affect their accuracy and it is important to
the BAC level from a breath test is not a true representation of the subject's
BAC while they were driving. If you were charged based on a breathalyzer test, you are still entitled
to legal defense.
Effectively Challenging Breathalyzer Tests in Fort Lauderdale
A talented Fort Lauderdale DUI attorney can provide you with the legal
counsel you need to succeed in fighting your charges by compiling evidence
to challenge your breath test.
Some common factors that can affect the accuracy of a test are:
- The calibration of the machine
- Interfering chemicals in an individual
- Some diseases
- How the test was administered
- Environmental factors
If police cannot prove that their machine was functioning properly at the
time of the breath test, then there is no evidence against you and you
will likely not be convicted of a DUI. Some individuals with certain medical
conditions also have abnormal chemicals present in their systems that
can affect the accuracy of a test. These individuals may be diabetics,
have acid reflux disease or be on a special diet. If a breathalyzer test
was administered in a manner that was not proper police conduct then the
test is not valid. This can only be proven if there are police tapes and
evidence present from the time of the arrest. Many times these tapes are
destroyed and where there is a lack of evidence, there can be no DUI conviction.
Your breath test may have been illegally obtained or invalid if:
- The officer did not observe you for at least 20 minutes prior to taking the test
- The officer did not tell you to "keep blowing" while the test
was being administered
- The officer had his or her radio on during the test
- You drank alcohol right before the test was administered
- Your body's partition ratio is different than the average person's
Contact a Fort Lauderdale DUI defense attorney!
Did you know there is more than one way to detect alcohol in the breath?
There are actually three different kinds of breathalyzer devices that
determine sobriety on different principles. Each device has a mouth piece
in which you must blow into and the air then goes into a sample chamber
where it is tested. At standard breathalyzer detects alcohol in the breath
by evaluating a chemical reaction and looking for a color change in the
air. Then there is a device referred to as the Intoxilyzer which identifies
alcohol by using infrared spectroscopy technology. Lastly, there is the
Alcosensor III or IV which detects a chemical reaction of alcohol in a
If you are convicted of a DUI because you blew a 0.08 or higher on a breathalyzer,
you will have your license suspended for 6 months. Refusal to take a breathalyzer
test can get your license suspended for up to a year and if this is the
second time you have refused a breath test then you could lose your license
for up to 18 months. Any of these things can happen if you are convicted.
Our firm exists to see that you aren't. We have successfully resolved
thousands of cases, and we are truly dedicated to the art of defending
a DUI case, so do not wait any longer to call our firm. We can take your
phone call 24/7, and on nights, weekends and holidays.
Contact our legal team today and schedule your free case evaluation!