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:
• Age
• Gender
• Fat and muscle content
• Rate of alcohol consumption
• Carbonation of the beverage
• Metabolism
• 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.
Archives
- February 2025 (2)
- January 2025 (9)
- December 2024 (10)
- November 2024 (5)
- July 2024 (2)
- June 2024 (2)
- May 2024 (2)
- April 2024 (2)
- March 2024 (2)
- February 2024 (2)
- January 2024 (2)
- December 2023 (2)
- November 2023 (2)
- October 2023 (2)
- September 2023 (2)
- August 2023 (1)
- July 2023 (2)
- June 2023 (2)
- May 2023 (2)
- April 2023 (2)
- March 2023 (2)
- February 2023 (2)
- January 2023 (2)
- December 2022 (2)
- November 2022 (2)
- October 2022 (2)
- September 2022 (2)
- August 2022 (2)
- July 2022 (2)
- June 2022 (2)
- May 2022 (2)
- April 2022 (2)
- March 2022 (2)
- February 2022 (2)
- January 2022 (2)
- December 2021 (2)
- November 2021 (2)
- October 2021 (2)
- September 2021 (2)
- August 2021 (2)
- July 2021 (2)
- June 2021 (2)
- May 2021 (2)
- April 2021 (2)
- September 2020 (5)
- July 2020 (4)
- June 2020 (4)
- May 2020 (4)
- April 2020 (5)
- March 2020 (4)
- February 2020 (4)
- January 2020 (4)
- December 2019 (1)
- November 2019 (4)
- October 2019 (4)
- September 2019 (4)
- August 2019 (4)
- July 2019 (5)
- June 2019 (4)
- May 2019 (4)
- April 2019 (4)
- March 2019 (4)
- February 2019 (4)
- January 2019 (4)
- December 2018 (4)
- November 2018 (5)
- October 2018 (5)
- September 2018 (4)
- August 2018 (4)
- July 2018 (7)
- June 2018 (4)
- May 2018 (4)
- April 2018 (8)
- March 2018 (4)
- February 2018 (4)
- January 2018 (4)
- November 2017 (4)
- October 2017 (4)
- September 2017 (4)
- August 2017 (7)
- July 2017 (6)
- June 2017 (4)
- May 2017 (4)
- April 2017 (4)
- March 2017 (4)
- February 2017 (7)
- January 2017 (4)
- December 2016 (7)
- November 2016 (4)
- October 2016 (4)
- September 2016 (10)
- August 2016 (4)
- July 2016 (4)
- June 2016 (4)
- May 2016 (4)
- April 2016 (4)
- March 2016 (4)
- February 2016 (7)
- January 2016 (4)
- December 2015 (5)
- November 2015 (4)
- October 2015 (7)
- September 2015 (4)
- August 2015 (4)
- July 2015 (13)
- June 2015 (9)
- May 2015 (8)
- April 2015 (6)
- March 2015 (4)
- February 2015 (4)
- January 2015 (4)
- December 2014 (4)
- November 2014 (4)
- October 2014 (4)
- September 2014 (3)
Categories
- Adjudication (1)
- Bankruptcy (1)
- Burglary Crimes (3)
- calendar call (1)
- Car Accident (1)
- Criminal Defense (290)
- Cyber Crimes (7)
- DNA (1)
- Domestic Violence (9)
- Drug Crimes (5)
- DUI (12)
- Embezzlement (1)
- Environmental Crimes (4)
- Expungement Law (2)
- Federal Sentencing Law (3)
- Firearm (3)
- Forgery (4)
- General (82)
- Healthcare (3)
- Immigration (1)
- Indentity Theft (1)
- Insurance (5)
- judicial sounding (2)
- Juvenile Crimes (4)
- Manslaughter (4)
- Money Laundering (3)
- Organized Crime (1)
- Racketeering (1)
- Reckless Driving (3)
- RICO (3)
- Sealing and Expunging (2)
- Sex Offense (1)
- Shoplifting (1)
- Suspended Driver's License (1)
- Traffic (4)
- Trending Topics (1)
- White-collar Offenses (1)