Fort Myers Breathalyzer Test
Failure Does Not Have to Mean Conviction
At Parks & Braxton, PA, we know a failed breath test resulting in
DUI charges can feel like a hopeless situation, but it’s not. Our DUI defense
attorneys in Fort Myers have successfully defended thousands of cases
throughout their legal careers and know there are many ways and reasons
to challenge the results of a breathalyzer. We can analyze the particulars
of your case and determine if there is cause to invalidate the breath
test findings. The sooner you contact us to get started on your case,
the better chance we have of helping you walk away without a conviction.
Parks & Braxton, PA is available 24/7 at (239) 217-3723. Call us now.
How Accurate Is a Breathalyzer Test?
A breathalyzer machine is a tool police officers use in the field to determine
a person’s blood alcohol concentration (BAC). According to state
law, a person operating a motor vehicle must not be impaired by alcohol
or have a BAC higher than .08. The problem, however, is that this machine
estimates a person’s BAC based on the amount present on his or her
breath. While this gives police officers a good general idea, there is
naturally a margin of error. This margin of error grows wider when the
machine is not perfectly calibrated, as is the case with the breathalyzers
of many police departments. Results also vary based on when the test is
administered, and a lack of standard procedure can skew the findings.
Many other factors can throw off breath test results, including:
Mouth alcohol – a single glass of wine can leave enough residual alcohol on the
breath for a reading above .08
Acid reflux – stomach gasses have the potential to confuse the results
Diabetes – the body produces more acetone than non-diabetics, which the breathalyzer
can read as ethanol
Radio frequency interference – a police officer’s radio may interfere with the machine’s
With so much potential for error and inaccuracies, breathalyzer results
should not be viewed as irrefutable evidence. Our Fort Myers DUI defense
attorneys will carefully prepare an argument tailored to the specifics
of your unique situation. We are committed to protecting your future.
Contact Parks & Braxton, PA at (239) 217-3723 for a free and confidential consultation about your
breathalyzer test and DUI charges.