Three Common Ways a Florida Breathalyzer Can Be Wrong
At the Law Office of Denise Miller, our criminal defense attorney in Stuart explains to each of our clients who are arrested and charged with a DUI in Florida that whether you were stopped at a sobriety checkpoint or pulled over for a traffic violation and were presented with a breathalyzer, there are several ways the reading could have been wrong.
There are three common reasons why the results of breathalyzer tests are not always accurate and can include health conditions, the person’s diet, or law enforcement’s failure to properly administer the test or maintain the device.
Here is how each of those details may change your DUI charge.
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The Person Being Tested Has a Preexisting Health Condition
When a driver has a preexisting health condition like heartburn, acid reflux, or Gastroesophageal reflux disease, the body can regurgitate gases from the stomach that mix with the air in their lungs to provide a false reading on a Blood Alcohol Content breath test.
Something That the Person Who is Being Tested Ate
Just as acid reflux can skew the results of an alcohol breath test, the digestive system may also distort the results of a breathalyzer.
When sweet and starchy foods get stuck in someone’s teeth, their body will produce enzymes that attempt to break those items down. These enzymes are called mouth alcohol.
When that person blows into a breathalyzer, the low level of mouth alcohol can shift the results.
Likewise, low-carb diets can also trigger false readings.
These diets increase the level of ketones in the body that can significantly alter the results, creating a false positive breath test.
Law Enforcement Failed to Administer the Test Properly or Did Not Properly Maintain the Breathalyzer Equipment
The first rule of administering a breathalyzer is that they must be given under strict procedures and guidelines by a law enforcement official.
When the officer fails to administer the test according to our Florida laws, the results may not be admissible in your case.
What is more, these complex devices must be properly and regularly calibrated and maintained to ensure the readings are correct.
A single malfunction can throw off the results of a breath test significantly, which is why our DUI defense attorney in Martin County may subpoena the maintenance records for the device to ensure it was serviced accurately and on time.
If you have questions about your DUI arrest and whether we can have the charges against you dismissed or reduced, contact our experienced Stuart, Florida criminal defense attorney at the Law Office of Denise Miller by calling (772) 934-6007 to discuss your circumstances and learn more about your legal rights, options, and potential solutions today.