Florida Breath Test DUI Lawyer Finding Flaws in Breathalyzer Results

Breathalyzer tests, or breath alcohol tests, are one of the most common DUI chemical tests in Florida DUI arrests. Breath tests are well-known and widely used, but they are also incredibly unreliable. Several factors can lead to false positives in breath alcohol tests. They include poorly maintained, uncalibrated breathalyzers, officers using them incorrectly, manufacturer inconsistencies, and medical and weather conditions.

The Kessler Law Firm has extensive knowledge of DUI science and the flaws in breath tests. Michael Kessler is an experienced Florida breath-test DUI lawyer and board-certified criminal trial lawyer who knows how to turn the flaws in Florida’s breath alcohol testing processes into formidable defense strategies.

Flaws in Breath Alcohol Testing

Breathalyzer tests have several inherent flaws that can be used to your advantage in court. They include:

Calibration & Maintenance Errors

Breathalyzers aren’t a “set it and forget it” type of device. They are complex machines that require regular testing, maintenance, and calibration. Maintenance gaps can result in inaccurate readings.

Improper Testing Procedures

Since breathalyzers are complex machines, breath tests aren’t as simple as the police officer asking you to breathe into the machine. There are strict protocols for conducting a breath test and even one small deviation can result in getting your charges dismissed.

Medical Conditions

Several health conditions and medications result in incorrectly high test results, most notably diabetes and acid reflux. Acid reflux pushes your stomach content’s upwards, so if you had just one drink, the reading can look like you drank significantly more. Diabetics who go into ketoacidosis will have acetone on their breath, and the machine can’t differentiate the acetone from alcohol.

Environmental Factors

Florida gets lots of humidity and the rainy nights can affect breathalyzer readings. Other environmental factors can also interfere with readings, such as topical medications, hand sanitizer, and car cleaners.

Defense Strategies for Breath Test Cases

Review Breathalyzer Maintenance History

A thorough review of every machine’s calibration and maintenance logs can determine whether the breathalyzer was working properly when you took your breath test.

Identify Testing Shortfalls by Law Enforcement

Police officers don’t always administer breath tests correctly. We can determine whether the test was conducted in accordance with proper procedure and whether it yielded an accurate read.

Challenge Breath Test Results

The Kessler Law Firm works with expert witnesses to challenge the scientific validity of breath test results based on medical conditions, environmental factors, maintenance history, and more. We also gather proof that breath test numbers alone don’t prove legal impairment.

Why Choose Kessler Law Firm?

The Kessler Law Firm brings over 40 years of DUI defense experience to the table. As a proven Florida DUI lawyer and board-certified criminal trial lawyer, we are fierce advocates who aggressively defend your rights and future with a personalized defense strategy. The Kessler Law Firm’s deep knowledge of DUI science exposes the flaws of chemical tests in the courtroom and seeks out weak points in the prosecutor’s case against you. 

With four decades of experience advocating for clients in and near Vero Beach, Port St. Lucie, Fort Pierce, and the surrounding areas of Florida’s Treasure Coast, the Kessler Law Firm also has the institutional knowledge of how the local courts and prosecutors operate and the procedures to expect. Attorney Kessler has deep respect among the Florida legal community while also recognized as a formidable advocate for his clients’ rights.