🚓 Breath Tests Aren't Always Right
Getting arrested for DUI in Fort Lauderdale is stressful enough — but what if the breath test results you’re facing aren’t even accurate? Breathalyzers are a cornerstone of DUI prosecutions, yet these machines are far from infallible. Factors like poor maintenance, operator error, medical conditions, and even simple mouth alcohol can cause false readings.
As an experienced Fort Lauderdale DUI defense lawyer, I know how critical it is to challenge unreliable breath test results early and aggressively. In this guide, we’ll break down how breath tests work, why they often fail, and how a skilled legal defense can fight back — and protect your future.
⚙️ Common Breathalyzer Issues That Can Lead to False Results
Breathalyzers are delicate scientific instruments — and even small problems can create major errors in your test results. Common issues include:
- Device calibration errors 🔧
- Improper maintenance of the machine 🔍
- Operator mistakes during administration 👮♂️
- Radio frequency interference (cell phones, radios nearby) 📡
- Mouth alcohol contamination (burping, acid reflux, mouthwash) 🍷
- Even a properly working breathalyzer must be maintained and operated correctly.
A good defense lawyer will dig into these issues to challenge the reliability of the test.
According to research by the National Highway Traffic Safety Administration (NHTSA), even properly maintained breath testing devices can produce inaccurate readings if not calibrated, administered, or interpreted correctly.
🏥 How Medical Conditions Can Affect DUI Breath Test Results
Certain medical conditions can mimic alcohol in your system — even if you haven’t been drinking.
Examples include:
- GERD (Gastroesophageal Reflux Disease) ⚡
- Diabetes (acetone buildup in breath) 🍭
- Low-carb diets (ketosis) 🥑
- Use of asthma inhalers 💨
These factors can trigger false positives on breath tests.
If you suffer from any of these conditions, your lawyer can use medical evidence to attack the prosecution’s case.
🚨 Police Mistakes That Can Invalidate Breath Test Evidence
Even if the breathalyzer is working properly, police mistakes can make the results invalid.
Examples include:
- Failure to properly observe the 20-minute waiting period ⏳
- Incomplete or sloppy documentation 📝
- Failure to follow Florida-approved procedures 📚
- Coercing or confusing implied consent warnings ⚠️
Procedural errors can result in the breath test evidence being thrown out — weakening the prosecution’s case dramatically.
🏛️ Defending Your DUI Case: Breath Test Challenges in Court
If you’re facing DUI charges based on breath test results, you aren’t powerless.
Common defense strategies include:
- Filing a Motion to Suppress 🚫
- Cross-examining the arresting officer and breath test technician 🔍
- Hiring an expert witness to testify about test flaws 🧑⚖️
- Negotiating a plea based on a weak or suppressed breath test 📃
The earlier you start fighting back, the better your chances of beating the case — or getting charges reduced.
🕰️ Why Early Legal Help Matters After a DUI Arrest
Timing is critical after a DUI arrest in Florida.
Here’s why:
- You only have 10 days to request a DMV hearing to fight your license suspension 🚗
- Evidence can disappear fast (surveillance footage, witnesses) 🎥
- Breath test challenges are stronger when raised early 📢
- Negotiating with prosecutors is easier before the case fully develops ⚖️
👉 If you’ve been arrested for DUI in Fort Lauderdale, call Michael White, P.A. today for a free consultation.
We’ll review your case, investigate every angle, and fight to protect your license, your record, and your future.
🙋♂️ 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.