Last updated February 2026
Breath test results are often treated as decisive evidence in Fort Lauderdale DUI cases — but they are far from infallible. Breathalyzers rely on strict scientific assumptions and procedural rules, and even small deviations can produce inaccurate or misleading results.
This page focuses on breath test problems that commonly arise in Fort Lauderdale DUI arrests, including equipment issues, medical conditions, and officer error. While breath testing follows uniform statewide rules, how those rules are applied — and violated — often determines whether the evidence holds up in Broward County court.
While this page focuses on breath test issues that commonly arise in Fort Lauderdale DUI arrests, breath testing is governed by uniform statewide rules and scientific standards explained in our guide to Florida DUI testing.
🚓 Why Breath Test Evidence Is Frequently Challenged
Breath testing is one of the most litigated aspects of DUI cases because it is highly procedural. Machines must be properly maintained, operators must be certified, and testing must follow exact observation and timing requirements.
When those rules are not followed, breath test results may be unreliable — or completely inadmissible.
⚙️ Common Breathalyzer Problems in Fort Lauderdale DUI Cases
Even when a breath-testing device appears to function normally, underlying issues can compromise results. Common problems include:
Calibration errors or missed maintenance checks
Expired or improper operator certification
Radio-frequency interference from nearby electronics
Improper observation periods before testing
Contaminated breath samples caused by mouth alcohol
Breath testing devices are not self-validating. Every result depends on compliance with strict rules and documentation.
🏥 Medical Conditions That Can Cause False Breath Test Results
Certain medical and physiological conditions can produce false positives or inflated readings, even when alcohol consumption was minimal or nonexistent.
These include:
GERD / acid reflux
Diabetes (acetone on the breath)
Ketosis or low-carbohydrate diets
Recent dental work or oral conditions
Use of inhalers or nebulizers
Medical defenses are especially powerful when supported by treatment records and expert testimony.
⏱️ Observation & Procedure Errors That Invalidate Tests
Florida requires officers to continuously observe a driver for a set period before administering a breath test. Violations often occur when officers:
Leave the driver unattended
Allow burping, regurgitation, or coughing
Rush testing due to time pressure
Fail to document the observation properly
Procedural failures like these can render breath test results unreliable — or exclude them entirely.
🛡️ Challenging Breath Tests Through Motions to Suppress
When breath testing violations occur, defense counsel may file motions to suppress evidence obtained in violation of constitutional or procedural requirements.:
The legality of the stop or detention
The administration of the test
Compliance with testing regulations
Whether implied-consent warnings were given correctly
In Fort Lauderdale DUI cases, suppression of breath evidence often dramatically weakens the prosecution’s case, creating leverage for dismissal or reduction.
🏛️ How Breath Test Challenges Play Out in Court
Breath test challenges are litigated through:
Cross-examination of arresting officers
Review of maintenance and calibration logs
Operator training and certification records
Expert testimony on testing flaws and physiology
The earlier these issues are raised, the more effective the defense becomes.
⏱️ Why Timing Matters After a DUI Arrest
Breath test defenses are strongest when pursued immediately. Delays can result in:
Lost or overwritten video
Missing maintenance documentation
Missed deadlines affecting license challenges
Early legal representation allows your attorney to preserve evidence and position the case before prosecutors finalize their theory.
🙋♂️ Frequently Asked Questions About DUI Breath Tests in Fort Lauderdale
❓ Can I Refuse a Breath Test in Florida?
Yes, but refusing carries consequences — including an automatic license suspension under Florida’s Implied Consent Law.
❓ How Accurate Are Breathalyzers?
Breathalyzers are generally accurate when properly maintained — but even small errors in calibration, maintenance, or administration can produce false results.
❓ What Happens If My Breath Test Is Suppressed?
If a judge suppresses your breath test evidence, the prosecution’s case may be weakened dramatically, leading to charge reductions or even dismissal.
❓ Can Medical Conditions Cause False Breath Test Results?
Absolutely. Conditions like GERD, diabetes, and ketosis can mimic alcohol and trigger false positives on breath tests.
❓ How Soon Should I Contact a Lawyer After a DUI Arrest?
Immediately. You only have 10 days to fight your administrative license suspension, and fast action gives your lawyer more time to challenge evidence.
📞 Arrested for DUI in Fort Lauderdale?
If your DUI case is based on breath test results, you may have strong defenses. Identifying testing flaws early can make the difference between a conviction and a reduced or dismissed case.
Contact Michael White, P.A. for a confidential review of your Fort Lauderdale DUI arrest.