When you see flashing lights in your rearview mirror after a night out, you might get anxious and anticipate what could come next: questions, tests and potentially life-changing consequences.
The prospect of facing driving the influence (DUI) charges can be scary. However, the tools law enforcement uses to determine impairment are not infallible. In Florida DUI cases, breathalyzers and field sobriety tests can produce questionable results. Recognizing their flaws might make all the difference in your defense.
Why breathalyzer results are not always accurate
Breathalyzer devices measure your breath alcohol level, which correlates to blood alcohol concentration. They require proper maintenance to ensure accurate readings. When these machines are not calibrated correctly or serviced as required, the results can be wrong. Florida rules require monthly agency checks and yearly state checks to keep breath test machines usable as evidence in court.
Additionally, certain medical conditions can interfere with breathalyzer accuracy. If you have acid reflux, diabetes or follow a keto diet, your breath may contain substances that the device mistakes for alcohol. Even mouth alcohol from recent use of mouthwash or breath spray can raise your reading. A skilled defense attorney will review the device’s maintenance records in your case and assess whether your personal health issues could have affected the results.
Field sobriety tests could have inherent problems
The standard field sobriety tests may seem simple, but they rely heavily on the officer’s judgment. Numerous factors unrelated to drinking can affect your performance. If you have balance problems, inner ear issues, knee injuries or even anxiety from the stressful situation, you might fail these tests while completely sober.
Officers receive field sobriety test training based on curricula developed by the National Highway Traffic Safety Administration (NHTSA) as part of their training approved by Florida’s Criminal Justice Standards and Training Commission (CJSTC). When they stray from standard procedures or lack proper training, the results could become unreliable. Your attorney can request the officer’s training records and dashboard camera footage to see whether the tests were given correctly.
How defense lawyers might challenge flawed evidence
Defense attorneys could examine every part of your DUI stop to find procedural errors and technical problems. They may file motions to throw out evidence obtained through poorly maintained equipment or incorrectly given tests. By showing that the prosecution’s evidence is unreliable, your lawyer can potentially have charges reduced or dismissed entirely.
You deserve a defense that questions everything. The state must prove your guilt beyond reasonable doubt. When their main evidence relies on faulty science or human error, that burden becomes much harder to meet.
The tools used against you in a DUI case are not always foolproof. Understanding their weaknesses gives you a fighting chance to protect your future.