Thomas & Paulk, P.A. Articles The Problems with the Breath Test

The Problems with the Breath Test

By Thomas & Paulk  Oct. 20, 2011 4:36p

If you have recently been pulled over in a DUI traffic stop, it is likely that after the routine preliminary steps that you will be asked to undergo several different forms of DUI testing. This can include the highly subjective field sobriety tests or even the laboratory blood tests. One of the most common forms of testing, however, is known as the breath test using a machine that is referred to most often as a breathalyzer. This test, while seemingly accurate is unfortunately often prone to serious error that can cause skewed results.

What are some of the most common errors associated with the breath test? One of the biggest sources of breath test related mistakes lies in the maintenance of the machine. Breathalyzers used during the DUI arrest process are required to undergo routine calibration – this is simply an official way to test the machine to ensure that it is delivering accurate results. For example, it will be fed a breath sample with known blood alcohol content (BAC) of 0.08% - if it doesn’t return this result, it needs adjusting.

This, however, is not the only form of error that can be associated with the breath test. One of the biggest sources of contention lies in the fact that the machine is unable to differentiate between a deep breath drawn from the lungs and a subject that only gives a shallow mouth breath. If the machine is given a shallow breath from the mouth, it could draw out pre-existent alcohol that could throw off the results. To truly get an accurate reading, it is highly important that the subject draws deeply and blows into the machine – and if they are not instructed to do so, the entire test can be thrown off.

Importance of Hiring a Tampa DUI Attorney

If you find that you are dealing with a DUI-related criminal charge, it is highly encouraged that you do not hesitate to get the legal assistance of a Tampa DUI attorney. At Thomas & Paulk, they remain unwaveringly committed to ensuring that their clients have the reliable representation that they deserve. Should you choose to work with their firm, you will be able to trust knowing that you will not have the average law firm on your side. Instead you will be working with an attorney that truly has your best interests at heart – someone who will be there to help you fight against the charges that are being pressed against you.

We strongly believe in investing the time and energy that every case deserves. Success often lies in the details and we believe that in order to build the strongest defense possible that we need to bring our clients a comprehensive and dynamic response to their charges. So do not waste another moment. Get our legal team involved today and experience the difference that high-quality legal representation can make in your criminal case. Call us today if you would like to schedule your complimentary case evaluation and discuss your criminal case more in-depth.

If you have questions about the breath test and how it can help you, do not hesitate to contact a Tampa DUI lawyer from Thomas & Paulk as soon as possible.

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