Last updated November 2025
If you’ve been arrested for DUI in Fort LauderdaleΒ or anywhere inΒ South Florida, you may feel like a failed breathalyzer test is the end of the road β but itβs not. Thatβs because Breath test results can be challenged, and with the right defense strategy, you may be able to reduce or dismiss the charges against you.
βοΈ Understanding Breathalyzer Tests in Florida DUI Cases
When police suspect you of driving under the influence, they may ask you to submit to a breath test. This device measures your blood alcohol content (BAC). In Florida, a BAC of 0.08% or higheris considered over the legal limit.
In Florida, a DUI conviction means you were found guilty of operating a vehicle with a BAC of 0.08% or higher, or while impaired by drugs or alcohol.
Although the law treats breathalyzer results as evidence, a solid criminal defense lawyer can often attach the accuracy of that evidence. Factors like machine error, improper calibration, or operator mistakes may render the results unreliable.
π¨ DUI Arrest Statistics in Florida
According to the Florida Department of Law Enforcement (FDLE), law enforcement made over 29,000 DUI arrestsstatewide in 2023. In Broward County alone, which includes Fort Lauderdale, police arrested approximately 2,200 DUI suspects, with many involving breathalyzer-based evidence.
π How Breath Tests Can Produce Inaccurate Results
Breathalyzer machines are sensitive and not immune to error. Inaccurate results may come from:
- Software glitches
- Operator error
- Calibration issues
- Contaminants in the mouth (mouthwash, breath spray, etc.)
- Medical conditions (acid reflux, diabetes)
Because of these variables, DUI breath test results are not infallible. An experienced DUI attorney can analyze how the test was conducted and whether it meets legal standards.
π Can I Fail a Breath Test and Win at Trial?
Yes. Failing a breath test does not mean an automatic conviction. Your attorney may be able to file a motion to suppressthe breathalyzer evidence if the police improperly administered the test or the machine functioned incorrectly.
Common defense strategies include:
- Challenging the accuracy or calibration of the device
- Proving that the officer was not properly trained
- Questioning whether you were actually in physical control of the vehicle
- Showing that certain products (like mouthwash or medication) caused a false reading
- Identifying a software or mechanical errorin the breath test machine
β‘οΈRelated: Know Your Rights After a DUI Arrest
π What Are the Penalties for DUI in Florida?
In Florida, the penalties for DUI depend on your BAC, prior offenses, and whether aggravating factors exist (such as a crash or child passenger).
| Offense | Jail Time | Fine | Notes |
|---|---|---|---|
| 1st Offense | Up to 6 months | $500–$1,000 | Enhanced if BAC ≥ 0.15 |
| 2nd Offense | Up to 9 months | $1,000–$2,000 | Enhanced if within 5 years |
| 3rd Offense (within 10 years) | Felony | Up to 5 years | Third-degree felony |
| 4th Offense or More | Felony | Up to 5 years | Third-degree felony |
β‘οΈRelated: License Suspension After a DUI
π Failed a Breathalyzer in Fort Lauderdale? You Still Have Options.
A failed breath test doesn’t mean you’re guilty. It means the state has evidence — not proof. At Michael White, P.A., we help clients throughout Fort Lauderdale, Broward County, and South Floridachallenge DUI charges using every available legal strategy.
β
Former prosecutor who knows how DUI cases are built
β
Personalized defense strategies
β
Hundreds of DUI cases handled across South Florida
πCall (954) 270-0769 nowor contact us onlineto schedule a free consultationwith an experienced DUI attorney in Fort Lauderdale.
π¬ Frequently Asked Questions: Failed DUI Breath Tests in Florida
Q1: Can I be convicted of DUI in Florida if I fail a breath test?
A: Not necessarily. A failed breath test can be challenged based on machine malfunction, improper administration, or other legal factors.
Q2: Are breathalyzer results always accurate?
A: No. Breathalyzers can produce inaccurate results due to calibration errors, software glitches, operator mistakes, or contaminants like mouthwash or acid reflux.
Q3: What is the legal BAC limit in Florida?
A: The legal limit is 0.08% BAC. However, a charge may be filed even below that threshold if officers believe your normal faculties were impaired.
Q4: Can a DUI lawyer challenge breath test results in court?
A: Yes. A DUI defense attorney can review the deviceβs maintenance logs, calibration records, and testing procedures to challenge the validity of your results.
Q5: Should I hire a lawyer even if I failed the breath test?
A: Absolutely. A failed breath test is not a guaranteed conviction. An experienced Fort Lauderdale DUI lawyer can challenge the evidence and work to reduce or dismiss the charges.