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Breathalyzer Test

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 electronics

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.

Receive Immediate Legal Help

You have to get your driver's license back in 10 days to keep you rights protected. Connect with an attorney by filling out the following form or call (239) 217-3723.

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