4th May 2015
While the science surrounding alcohol breath testing in the United States is generally accepted by courts, the research surrounding some of these breathalyzer tests do not always demonstrate a convincing tale. According to one study, one out of every four individuals will have a tested blood alcohol concentration (BAC) higher than their actual BAC. Another study showed that breath test results vary by at least 15 percent from actual BAC. If police officers are relying so religiously on these often not entirely accurate machines, how does this affect the rights of people accused of DUI where the cases are based so much upon the results of the tests?
Factors That May Impact Breath Test Results?
Most people are unaware that a breath testing instrument delivers results for the amount of alcohol in a certain portion of exhaled air, not the amount of alcohol in the bloodstream. The amount of alcohol in the exhaled air is then multiplied by 2,100. This number represents the fact that an average person typically has 1/2100 th the amount of alcohol of an equal volume of blood. As you might guess, the “average” person is often far different from you or I, meaning test results are usually flawed.
Furthermore, police officers frequently fail to account for outside factors that could affect someone’s BAC. These factors can include any of the following:
• Fat and muscle content
• Rate of alcohol consumption
• Carbonation of the beverage
• Body type
• Food consumption
• Alcohol intolerance
Accused Drivers who blow over Florida’s legal limit of 0.08 percent may automatically presume that there is a strong case against them with the dire consequences of a DUI conviction. Since the breath testing machine may be vulnerable to a variety of challenges and defenses, there is hope. A high breathalyzer result does not necessarily guarantee your conviction and the right lawyer may be able to detect significant flaws in the prosecution’s case.
Challenging your breathalyzer results is crucial to the successful outcome of your case. Your attorney may be able to have your results excluded from your trial or may challenge the officer’s compliance with Florida law. The more comprehensive your defense strategies, the better your chances of overturning your results.
As a lawyer for drunk driving in Miami, I am often faced with clients who blew over the legal limit. I have a great deal of experience challenging these results and fighting for the best possible outcome for my clients. Your future matters – let my firm protect your rights. Call today for your free consultation.