Yes, you can dispute roadside breathalyzer test results in Florida. These tests are not infallible, and a skilled DUI defense attorney can challenge their accuracy, legality, and reliability to potentially have the results excluded or the charges reduced—or even dismissed entirely.
Whether due to a faulty machine, improper police procedure, or external conditions affecting the test, many DUI cases in Florida hinge on breathalyzer results that may not hold up in court. Understanding how these tests work—and how they can be contested—is key to building a strong defense.
How Breathalyzer Test Results Can Be Challenged in Florida
1. Questioning the Accuracy of the Breathalyzer
Florida law requires strict compliance with certain procedures to ensure the accuracy of roadside breath tests. When those protocols are violated, the results can be rendered unreliable.
- Improper Calibration and Maintenance:
Breathalyzers must be regularly calibrated and maintained according to strict state guidelines. If records show the device used in your case was overdue for service or malfunctioning, your attorney may be able to suppress the results altogether. - Improper Test Administration:
The officer administering the breath test must follow standardized procedures. This includes ensuring proper timing, providing clear instructions, and operating the device correctly. Any deviation from protocol could lead to false readings. - Medical Conditions or Dietary Factors:
Conditions such as GERD, diabetes, or low-carb diets can produce substances (like acetone) that interfere with breathalyzer readings. In some cases, this can cause a device to register a BAC even when no alcohol was consumed. - Environmental and Behavioral Factors:
Smoking, using mouthwash, or belching within 20 minutes of the test can affect breath readings. A qualified DUI attorney can raise these issues and bring in expert witnesses to refute the reliability of the results.
2. Challenging the Circumstances of the Traffic Stop
Even if the test appears accurate, the legality of how and why it was administered can still be contested.
- Lack of Probable Cause or Reasonable Suspicion:
Police must have a valid reason to stop your vehicle and request a breath test. If your attorney can prove that the stop was unlawful, the entire case may be thrown out, including the breathalyzer evidence. - Observation Period Violations:
In Florida, officers must observe a suspect for at least 20 minutes before administering a breath test to ensure nothing is consumed or regurgitated. Failure to follow this rule can taint the results. - Officer Training and Certification:
Only officers certified in breath test operation are legally permitted to conduct these tests. If the arresting officer lacked proper certification or failed to follow Department of Law Enforcement procedures, the results may be inadmissible in court.
3. Using Expert Witnesses to Dispute the Results
DUI defense attorneys often consult with toxicologists, forensic scientists, or medical professionals who can testify about the limitations of breathalyzers and how various factors may have skewed the results. These experts can be pivotal in dismantling the prosecution’s case.
What Can Happen If You Successfully Challenge the Test?
- Suppression of Evidence:
If the breathalyzer test is thrown out due to procedural errors or questionable accuracy, it weakens the prosecutor’s case and may result in reduced or dismissed charges. - Reduced Charges or Penalties:
Even if the test isn’t excluded entirely, a successful challenge can be used to negotiate a lesser offense—such as reckless driving instead of DUI. - Case Dismissal:
In cases where the breath test is central to the prosecution and successfully disputed, the court may dismiss the case altogether due to lack of admissible evidence.
Why You Need a DUI Lawyer on Your Side
DUI charges in Florida are serious. They carry long-lasting consequences, including fines, license suspension, increased insurance costs, and even jail time. But you have rights, and those rights include the ability to challenge questionable or improperly obtained evidence.
At the Law Office of James M. Burns, we understand the complexities of DUI defense. Our Pensacola DUI Defense Lawyer will investigate every aspect of your case—from the legality of the traffic stop to the technical details of the breathalyzer test—and fight to protect your freedom, license, and reputation.
Arrested for DUI in Florida? Contact Us Today.
If you believe your roadside breathalyzer test results were inaccurate or improperly handled, don’t face the legal system alone. Contact us today for a free consultation. We’ll review your case, explain your options, and build a personalized defense strategy tailored to your unique situation.
Call now or visit our website to get started. The sooner you act, the stronger your defense.