Challenging Breath and Blood Tests in Florida DUI Cases
For many individuals facing a DUI charge in Florida, the breath or blood test feels like a nail in their coffin. If the number is over .08, they assume that the case is already lost. In reality, breath and blood test results are not as ironclad as prosecutors would lead you to believe. Skilled DUI lawyers regularly challenge the results of these tests and often do so successfully. In this article, the Orlando DUI attorneys at FL DUI Group will discuss challenging chemical tests in DUI cases.
Challenges to breath test results
- Machine accuracy and maintenance – Florida relies heavily on breath testing devices such as the Intoxilyzer 8000. Like most machines, it must be properly calibrated and maintained to give accurate readings. If law enforcement fails to keep maintenance logs or skills required checks, the results could be unreliable and subject to suppression, meaning they can’t be used against you.
- Operator error – Even when the machine is working properly, human error can compromise the test. Officers must be trained and certified to administer breath tests. They are required to follow strict procedures, including observing the driver for 20 minutes before testing to ensure nothing (such as belching or chewing gum) contaminates the sample. Failure to follow these important steps can cast doubt on the results.
- Medical conditions and interfering substances – Certain health issues, like acid reflux, asthma inhalers, or diabetes, can cause false positives on a breath test. Environmental factors like paint fumes or mouth alcohol from recent dental work can also interfere with the readings. An experienced Orlando DUI attorney can explore whether these factors may have influenced your results.
Challenging blood test results
- Chain of custody – For the blood test result to be valid, the prosecution must prove that the sample was properly collected, labeled, stored, and transported. Any break in the chain of custody (such as unclear labeling or poor refrigeration) can lead to questions concerning whether the blood test was properly administered.
- Collection method – Under Florida law, blood draws must be performed by qualified medical personnel and under specific conditions. If the blood draw was conducted by someone who is unqualified or in a setting that doesn’t meet medical standards, the test can be challenged.
- Laboratory errors – Labs that analyze blood samples handle hundreds of cases. Mistakes can happen. Cross-contamination, technician error, or faulty procedures can all undermine the reliability of the test results.
These challenges are important
DUI convictions carry serious consequences. These include license suspension, fines, higher insurance rates, and even jail time. Breath and blood test results are often the prosecution’s strongest evidence. Challenging the validity of these tests requires a skilled attorney. We can negotiate to reduce the charges or even get your case dismissed.
Talk to an Orlando, FL, DUI Attorney Today
FL DUI Group represents the interests of Orlando residents who are facing charges of DUI. Call our Florida DUI defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.
