7 Ways a Breathalyzer Can Be Wrong

Being pulled over on suspicion of driving under the influence (DUI) is a nightmare scenario for anyone. If you or a loved one has recently faced this situation in Tampa, Florida, you’re likely grappling with many emotions and much uncertainty about your future.

At the heart of many DUI cases lies a small device that can have an enormous impact on your life: the Breathalyzer.

Many believe the Breathalyzer is an infallible tool to determine whether a driver is intoxicated. Despite their widespread use and the weight given to their results in court, Breathalyzers are not immune to error.

There are at least seven ways a Breathalyzer can be wrong.

The accuracy of breath tests is important because the results can mean the difference between freedom and incarceration and whether you keep your driver’s license or lose it.

If you’re facing DUI charges in Tampa, you need to understand that a Breathalyzer reading isn’t the final word.

Numerous factors can affect its accuracy, and knowing these could be the key to your defense.

Read on to learn about the seven common ways Breathalyzers can be wrong and what that may mean for your case.

For specific legal advice about your situation and to get the effective defense you deserve, contact a DUI attorney in your area who can review your case during a free consultation.

A lawyer can help you understand your rights, explore your options, and potentially challenge the accuracy of any breath test results.

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Different Types of Breath Tests

When it comes to measuring blood alcohol content (BAC), law enforcement officers typically use one of two types of breath tests:

• Preliminary Breath Tests (PBTs): Often called roadside Breathalyzers, PBTs are handheld devices police officers use during traffic stops. Officers usually administer PBTs before making an arrest to establish probable cause for a DUI arrest. In Florida, courts will not admit the results of PBTs as evidence of intoxication. They primarily support the officer’s observation of impairment and justify further testing.
• Evidentiary Breath Tests: These are more sophisticated machines usually found at police stations or in specially equipped vehicles. In Florida, the Intoxilyzer 8000 is the evidentiary breath test that law enforcement most commonly uses. The results from these machines are typically admissible in court and carry more weight in legal proceedings.

If police arrest you for DUI in Tampa or anywhere in Florida, officers will likely ask you to take an evidentiary breath test. The results of this test could significantly affect your case.

2. Incorrect Chemical Solutions

Many Breathalyzers use a chemical solution to analyze breath samples. This solution needs to be changed regularly and mixed to the correct concentration. If the solution is old, improperly mixed, or contaminated, it can lead to inaccurate results.

For instance, the Intoxilyzer 8000 used in Florida requires a specific solution for calibration and testing. If this solution isn’t prepared correctly or is past its expiration date, it could affect the accuracy of your test results.

3. Inappropriate Modifications

Breathalyzers are designed to work in a specific way. Any modifications to the device, even if well-intentioned, can affect its accuracy. This could include hardware modifications, unauthorized software updates, or even using the device in a way it wasn’t intended.

In some cases, law enforcement agencies might modify Breathalyzers to make them easier to use or to add features. However, these modifications could potentially compromise the device’s accuracy.

4. Faulty Programming or Defective Machines

Like any electronic device, Breathalyzers rely on software to function. Flawed programming or if out-of-date software could lead to errors in BAC calculations. Also, Breathalyzers are machines. Like any machine, they’re inherently prone to defects and malfunctions with their physical components.

In Florida, there have been many cases where software issues or performance issues with the Intoxilyzer 8000 have led to challenges of breath test results. Your attorney should know any known software issues with the Breathalyzer used in your case and be prepared to challenge the results if necessary.

5. Improper Methodology

Even if the Breathalyzer functions correctly, improper use can lead to inaccurate results. This could include not waiting long enough after you’ve had your last drink (residual mouth alcohol can inflate readings), not observing you for the required period before the test, or not taking multiple samples as required by Florida law.

Officers in Florida must follow specific procedures when administering a breath test. Any deviation from these procedures could potentially invalidate the results.

6. Pre-Existing Conditions

Certain medical conditions can affect Breathalyzer readings. For example, people with diabetes or those on low-carb diets may have naturally occurring acetone in their breath, which some Breathalyzers can mistake for alcohol.

Similarly, acid reflux or GERD can cause alcohol from the stomach to come back up into the mouth, leading to artificially high BAC readings. You must inform your attorney if you have any medical conditions, as this could be relevant to your defense.

7. Possible Chemical Exposure

Believe it or not, exposure to certain chemicals can cause a Breathalyzer to register alcohol when none is present. These chemicals can include those found in some paints, varnishes, and cleaning products.

Other Possible Factors That Can Contaminate Results

• Environmental factors: Temperature and humidity can affect Breathalyzer accuracy.
• Radio Frequency Interference: Some electronic devices can interfere with Breathalyzer readings.
• Operator Error: If the person administering the test isn’t properly trained, they might make mistakes that affect the results.

Do I Have the Right to Refuse a Breath Test?

If you’re pulled over on suspicion of DUI in Tampa, you might wonder if you have the right to refuse a breath test. The answer depends on the situation.

Like many states, Florida has an “implied consent law. This means that by driving on Florida roads, you’ve implicitly agreed to submit to chemical tests (including breath tests) if an officer has probable cause to believe you’re driving under the influence.

However, this primarily applies to evidentiary breath tests conducted after an arrest. You generally can refuse a preliminary breath test at the roadside without legal consequences.

When it comes to evidentiary breath tests after an arrest, you technically have the right to refuse, but there are consequences for doing so. Refusing may lead to your arrest if the officer has other reasons to suspect you drove while impaired.

You need to understand these consequences before making a decision.

What Are the Consequences of Refusing a Breath Test?

In Florida, refusing an evidentiary breath test after a DUI arrest comes with significant penalties:

• First Refusal: Your driver’s license will be suspended for one year.
• Second or Subsequent Refusal: Your license will be suspended for 18 months, and you could face misdemeanor charges.

These suspensions are administrative, meaning they happen automatically, regardless of whether you’re eventually convicted of DUI.

Moreover, if you refuse a breath test, prosecutors can use your refusal as evidence against you in court. They may argue that you refused because you knew you were intoxicated.

However, it’s worth noting that without a breath test result, prosecutors may have a harder time proving you were over the legal limit. This is why the decision to take or refuse a breath test is complex and depends on your specific situation.

What Are My Options If Police Arrest Me for DUI?

First, you must remember that you have rights if police stop you under suspicion of DUI in Florida. These include:

• Right to remain silent: You don’t have to answer questions about where you’ve been or what you’ve had to drink.
• Right to an attorney: You have the right to contact an attorney. It’s advisable to do this as soon as possible.
• Right to refuse field sobriety tests: These tests are voluntary, and you can decline to participate.
• Right to an independent blood test: If you take a breath or blood test, you can request an independent test at your own expense.

After an arrest, you’ll likely be booked and held until you’re sober or someone can post bail. You’ll be given a court date for your arraignment, where you’ll enter a plea. Your options at this point typically include:

• Pleading guilty: This might lead to a quicker resolution but comes with definite penalties.
• Pleading not guilty: This allows you to fight the charges, potentially getting them reduced or dismissed.
• Accepting a plea bargain: The prosecutor might offer a deal to plead guilty to a lesser charge.

Each option has pros and cons, and the best choice depends on the specifics of your case. This is where you need the guidance of an experienced DUI attorney.

How Can a DUI Defense Attorney Help?

An arrest is not a conviction. A DUI defense attorney can help you navigate the complex legal process following an arrest and fight to help you get the best possible results.

• Analyze Evidence: Your lawyer can scrutinize all aspects of your arrest, including the Breathalyzer results, looking for potential inaccuracies or procedural errors.
• Challenge Breathalyzer Results: If there are issues with the Breathalyzer’s accuracy, your attorney can file motions to suppress this evidence.
• Negotiate with Prosecutors: Your lawyer may be able to get charges reduced or dismissed based on weaknesses in the prosecution’s case.
• Represent You in Court: If your case goes to trial, your attorney will present your defense and cross-examine witnesses.
• Advise on Plea Deals: Your lawyer can help you understand the pros and cons of any plea bargains offered.
• Guide You Through the Process: Your attorney can explain what to expect and help you make informed decisions.

How Can I Find a Good DUI Defense Lawyer in Tampa?

Finding the right DUI defense lawyer in Tampa is crucial. Here are some tips:

• Look for Experience: Seek attorneys who regularly handle DUI cases in Tampa courts.
• Check Reviews: Look at online reviews and testimonials from previous clients.
• Schedule Consultations: Many attorneys offer free initial consultations. Use these to assess their knowledge and approach.
• Ask About Strategy: A good attorney should be able to outline potential defense strategies for your case.
• Consider Communication: Choose an attorney who explains things clearly and responds promptly to your questions.
• Discuss Fees: Make sure you understand their fee structure upfront.

Remember, the goal is to find an attorney you trust and feel comfortable working with during this challenging time.

Get Help from an Experienced Tampa DUI Attorney Today

If you’re facing DUI charges in Tampa or the surrounding areas, don’t wait to seek legal help. The attorneys at Metcalf Falls, Criminal Defense Attorneys, P.A., are ready to stand by your side and fight for your rights.

Our team has extensive experience challenging Breathalyzer results and building strong defenses for clients facing DUI charges throughout Florida.

Don’t let a potentially inaccurate Breathalyzer reading determine your future. Contact Metcalf Falls, Criminal Defense Attorneys, P.A., today at (813) 258-4800 for your free consultation. We’ll review your case at no cost and explain your options.

We can help you decide the best course of action, and you can rely on us to join you on each step of the way to fight the DUI charges you face and increase your chances of a successful outcome.

Schedule A Free Consultation