Understanding Chemical Test Challenges in DUI Cases
Chemical tests aren’t 100% accurate. Nonetheless, DUI arrests center around a single number: Your blood-alcohol concentration (BAC) reading from a breathalyzer test. Prosecutors will rely on this figure to prove that you’re impaired. Many folks mistakenly believe that if the breathalyzer returns a number of .08 or higher, their case is open and shut. The truth is much more complex. Breath tests are not infallible. A skilled DUI defense lawyer can often find significant weaknesses in how the test was administered, the machine itself, and the officer’s interpretation of the machine.
How do Florida chemical tests work?
Under Florida law, law enforcement officers can use several methods to measure a driver’s impairment. These include the breath test, blood test, and urine test, depending on the situation. Breathalyzers analyze alcohol vapor from deep lung air to estimate the amount of alcohol in your bloodstream. However, this process is an indirect measurement. It assumes a standard ratio between breath alcohol and blood alcohol. The standard ratio doesn’t hold true for every person.
Common problems with breath tests
Numerous factors can lead to inaccurate readings. The actual breathalyzer machine requires calibration and regular maintenance. When the machine isn’t calibrated properly or not properly certified by the Florida Department of Law Enforcement, the results might not be admissible. In addition, officers have to follow strict protocols when they administer the test. This includes observing the suspect for at least 20 minutes prior to testing. This ensures that no burping, vomiting, or mouth alcohol contamination occurs. Any failure to follow these rules can taint the results.
We’ve written about this before, but medical conditions can also lead to false positives. Acid reflux, GERD, diabetes, and mouthwash can all produce high readings. Temperature and breathing patterns also play a role. Hyperventilating, holding your breath, or taking shallow breaths might skew the results. In other words, what looks like a scientific certainty actually rests on a fragile foundation.
Blood and urine testing issues
Sometimes, police will use a blood or urine test to determine how intoxicated you are. This typically occurs after an accident or when the officer suspects you’re on drugs. These tests have their own problems. The chain of custody must be airtight. The collection must comply with FDLE guidelines. If the police improperly store the sample, it could become contaminated and unusable. Delays in testing the sample could compromise accuracy. Further, blood draws require consent or a warrant. Without a warrant, the evidence could be suppressed.
Challenging the evidence
If you’re facing charges, you don’t necessarily want to plead guilty and have it over with. A skilled and experienced DUI defense lawyer can challenge the calibration logs, operator certifications, maintenance records, and timing of the test. If there are any errors, you could win your case. You won’t know until you try.
Talk to an Orlando, FL, DUI Defense Attorney Today
FL DUI Group represents the interests of Orlando residents who are facing charges for DUI. Call our Florida DUI defense lawyers today and we can begin reviewing your case for holes.
