Parks & Braxton, PA Articles Inaccuracy of Breathalyzer Tests

Inaccuracy of Breathalyzer Tests

By Parks & Braxton, PA  Oct. 8, 2012 3:04p

Blowing into a breathalyzer is the common way a law enforcement officer tests a suspected driver for drunk driving. In all states, a blood alcohol concentration of .08 percent or higher as measured on these tests becomes evidence of a DUI and will be used in court by the prosecution for a conviction. It has been shown in various studies, however, that breathalyzer tests are often inaccurate. Many factors can affect their accuracy; when any of these factors are discovered, they can be used in the defense of the implicated driver, who may or may not have been guilty of being over the legal limit.

Factors that can affect the validity of a breathalyzer test include how the device itself has been maintained and calibrated; how the test was administered by law enforcement; environmental factors; the health or medical conditions of the driver; how much time has elapsed since the driver allegedly consumed alcohol, and more. For instance, if operator error occurred in the administration of the test, such a mistake can make the test evidence invalid. Certain medical conditions, such as diabetes and acid reflux can also negatively affect the test's accuracy. Mouthwashes containing alcohol used just before the test can result in false readings as can certain chemicals in one's blood. If the test was not conducted according to standard protocol by law enforcement, the results may be challenged.

Fort Lauderdale DUI Attorney

If you have been arrested and charged with a DUI in the greater Fort Lauderdale area, it is always beneficial to seek legal guidance. The law firm of Parks & Braxton, P.A. is devoted to DUI defense; its attorneys are former Broward County prosecutors with more than 48 years of combined legal experience in this field. The firm has achieved the highest rating from the national lawyers' review organization of Martindale-Hubbell. The firm's attorneys have been featured on national news media programs such as the Today Show discussing the legal aspects of a Florida DUI.

To learn more about how the firm can help you fight DUI charges, contact an attorney at to schedule a free consultation today.

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