Ft. Lauderdale DUI Breath Test Defense Attorney

Pursuing Justice on Behalf of Our Clients for Over Two Decades

Breath tests are one of many ways to test for intoxication. However, like most sobriety tests, breathalyzers can quantify intoxication, but they are also not infallible. Some officers may administer the breath test incorrectly, or there may be other factors at play.

You should never have to worry about losing your freedom because of a breathalyzer test. At The Hoffman Firm, we believe that everyone deserves high-quality legal representation. Our team of compassionate legal professionals puts our clients first, and we leave no stone unturned when investigating their cases.

Don’t leave your case to chance. Call our Ft. Lauderdale DUI breath test defense attorney at 954-524-4474.

What Is a Breath Test?

When a police officer pulls someone over for potentially driving under the influence, they may ask the driver to perform a field sobriety test and/or breath into a breathalyzer. Field sobriety tests evaluate intoxication by measuring physical signs of intoxication like imbalance or slurred speech.

Breath tests, on the other hand, measure intoxication through breath. When a person ingests alcohol, it goes through the digestive system until it is processed into the blood. Once alcohol is added to oxygenated blood, it passes through the bloodstream and is redistributed throughout the body, including the lungs. Breath tests measure the amount of alcohol in oxygenated blood in the lungs.

The actual testing device is hand-held and similar in shape to a phone. There is a small tube on one side where the driver will exhale. The driver must continuously breathe into the breathalyzer until the device displays a blood alcohol concentration percentage.

Florida police use a device called the Intoxilyzer 8000 that uses infrared technology to measure alcohol in a breath sample. Both Intoxilyzer 8000s and breathalyzers will show whether the person has a BAC at or above the legal limit.

Operational Error

While breath testing may sound indisputable, more often than not, there may be operational errors that could have serious consequences for the driver. Like field sobriety tests, breath tests must be administered by trained police officers, but like any other test administrator, there is room for error.

Whether it be human error or a technical malfunction, breath testing is prone to mistakes. However, when shown in court, evidence from a breathalyzer or Intoxilyzer 8000 is difficult to dispute in jury trials.

Inaccuracy and Body Chemistry

Unlike field sobriety tests, breath tests rely on body chemistry for crucial information. Every person has a different body composition and chemistry. This is the backbone and often the downfall of these testing methods.

Alcohol is a constant – it is chemically consistent throughout. However, it may break down differently because the human body is not. Like fingerprints, a person’s chemical composition is unique and affects weight, predisposition to disease, healing, and more.

Studies have produced wildly different evaluations of alcohol in the body, with few consistent takeaways. Some research shows that men break down alcohol more slowly than women, and others point to genetics as an indicator of tolerance.

Regardless of conflicting research results, scientists agree that there are innumerable combinations and predispositions that affect alcohol tolerance and digestion. Because this concept is so difficult to pin down, breath tests are not the most dependable method for testing.

Know Your Rights

The Hoffman Firm has over two decades of experience on both sides of the aisle. As a former prosecutor turned defense attorney, Evan Hoffman knows how the court uses breath tests during a DUI trial. Refusing to take a breath test is your right, but the prosecutor may use it against you in court.

Attorney Hoffman knows DUI law and has a track record of success. When you choose our Ft. Lauderdale breath testing attorney, you put your case in good hands.

Schedule your consultationwith The Hoffman Firm today!