10 Reasons That Your DUI Breath Test May Be Wrong

DUI Breath TestMany people may be shocked to learn that the breath test conducted during a DUI stop can be challenged successfully in court with the help of an experienced criminal defense attorney.

When a breath test has been improperly conducted, performed under inappropriate conditions or recorded on defective equipment, you may be eligible to work with your Miami DUI Lawyer to have the results of these tests thrown out.

This could lead to you being acquitted of the DUI charges you face. What follows are ten of the most common reasons why the DUI breath test is thrown out.

Barometric Pressure

Barometric pressure can have an impact on the functionality of a breath test machine particularly in terms of humidity. If you are arrested during 90% humidity, which is easily possible in Florida, then your reading could be inaccurate.

Breath Temperature

If you are running a high fever, your breath sample may give a higher reading than usual.

Low Hematocrit Values

A breath test machine must be calibrated in order to perform readings at what is known as a base line hematocrit. This is the ratio of red blood cells to total blood volume.

The problem with these machines is that they are set up to measure this for the average woman and the average man. If your hematocrit is lower than an average person, then you BAC is likely to read higher.

Inconsistent Breathing Pattern

Your breath pattern can determine whether or not you register as legally intoxicated on a breath test. During a long exhale, the beginning of your breath will have a much lower concentration of alcohol than the end.

Endogenous Ethanol Production

Your body actually makes its own alcohol in a process called endogenous ethanol production or gut fermentation. This production value can even be high enough to register as being legally intoxicated with the help of a breath test machine.

Officer Mistakes

Although officers are required to receive appropriate training on administering alcohol breath test, an officer who does not administer the test properly, does not have the proper training, or jeopardizes the integrity of any evidence could disqualify this evidence entirely.

No Calibration Records

Police departments are required to perform regular maintenance on breath test machines and to keep logs showing that the equipment has been calibrated. If there are discrepancies in the documentation, this could lead to your charges being thrown out.

Radio Frequencies

Interference from other radio frequencies can cause problems with breath tests. If multiple officers, for example, have their radios turned on during testing, then this could lead to an inaccurate reading.

Low or High Body Weight

A breath test machine reading can be skewed significantly if an individual is severely overweight or underweight.

Acid Reflex or GERD

Individuals suffering from GERD and heartburn victims are frequently predisposed to having higher than normal breath alcohol concentrations. These can cause you to register a higher than usual test result.

Get a Miami Criminal Defense Lawyer on Your Side Today

If you are facing a DUI in the state of Florida, it is essential to work with a criminal defense attorney in Miami who will have the experience and commitment to build a most effective defense to assist you. Do not hesitate to reach out to an experienced attorney today.

Author: M. G. Hansen

Marcia Giordano Hansen has been practicing law for almost 20 years. During this time, she has worked for the government at the Miami Dade Public Defender’s office representing indigent clients accused for state criminal offense; for an insurance defense firm wherein she represented doctors sued for medical malpractice and entities sued for negligence; and for a private white collar criminal defense firm practicing white collar crime defending individuals accused of social security fraud, Medicare fraud, drug trafficking and other federal crimes. Her wide range of knowledge in these different areas of law, coupled with the teachings of some of the most well respected legal minds in the country gives her a unique skill set which has benefited all of her clients resulting in victory and success in each case she has handled. Mrs. Hansen, in her own practice, has handled criminal defense cases, personal injury cases and real estate disputes. She speaks Spanish, French and is proficient in Italian which enables her to represent clients from all over the world. She is dedicated to the growth and success of Hansen & Taylor and prides herself in giving VIP treatment to each and every client. Marcia lives in Coral Gables with her husband and daughter. She is an avid sports fan, an animal lover and political junkie. She is also a supporter and member of the Board of Executive Relations for the Special Olympics of Miami, an organization dedicated to the well being of children and adults with disabilities.

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