Breathalyzer Tests Are Not Always Accurate

- Keith Bregoff

Breathalyzers are used by law enforcement in every state, but while they are helpful in keeping DUI drivers off of our streets, they are not always accurate.

There are a number of defenses to every type of DUI and DWI arrest charge, but one of the leading reasons why these charges are dismissed is because it was found that the breath test results were invalid.

Different Factors That Can Impact a Breathalyzer’s Accuracy

You have been pulled over or gone through a road stop. You blew into the breathalyzer (often times without taking a field sobriety test). Your test shows that you blew over 0.08 BAC. But is your blood alcohol really over the legal limit?

There are a number of different factors which can impact the accuracy of a breathalyzer. Long term smokers, for instance, have a higher BAC because of the presence of acetaldehyde in their mouth. But other issues may also come into play:

  • Poorly calibrated machines. Breathalyers are often under serviced. They must be properly calibrated and have their batteries replaced to maintain its accuracy
  • Foreign substances can influence the test. Mouthwashes, toothache medications and breath fresheners can elevate the BAC reading of a breathalyzer test
  • Software issues. A breathalyzer runs on software which, like any technical device, does experience bugs and glitches

What Are the Penalties for First-Time Offenders?

If you are charged with a DUI for the first time, these are the penalties you may face:

  • Jail: 6 to 9 months
  • Fines and Penalties: $500 to $2000
  • License Suspension Duration: 180 days to 1 year
  • Interlock Ignition Device Required: Yes

Can You “Plead Down” a DUI Charge?

In Florida, it may be possible to plea bargain for what is referred to as “wet reckless”. This type of plea bargain allows a driver to reduce their DUI to a reckless driving charge.

Drivers should keep in mind, however, that you will still face the punishments which are imposed on all reckless driving convictions. These punishments, however, are less than a DUI.

Speak with an Experienced DUI Lawyer Today

The Law Offices of Keith Bregoff, PA is proud of our team of expert DUI attorneys who have helped charges against alleged DUI drivers reduced or dropped.

If you have been charged with a DUI, you are welcome to speak with one of our lawyers who specialize in DUIs for free. Call us today at (772) 492-8967 to arrange for your consultation.