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Challenging The Breathalyzer

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In all 50 states, it is illegal for anyone to operate a vehicle with a blood alcohol content (BAC) equal to or greater than 0.08%. In order to measure a person’s BAC, law enforcement officials rely on a device known as a breathalyzer, which estimates the blood alcohol content from a person’s breath. Breathalyzer test results are considered to be accurate and have become a standard piece of evidence in DUI cases. As a result, the defendant must present evidence to discredit the accuracy of the breathalyzer test in order to beat a DUI charge. This is not an impossible task. A DUI attorney from our law office in Fort Lauderdale and Miami has years of experience in dealing with drunk driving cases and are not afraid to challenge the evidence against our clients.

Were you or someone you know arrested for drunk driving in Ft. Lauderdale? Contact our Ft Lauderdale DUI Lawyer today.

A Ft. Lauderdale DUI Attorney can challenge a breathalyzer test result for several reasons including but not limited to:

  • The breathalyzer may not have been properly maintained
  • The test was not properly conducted
  • The breathalyzer may be unreliable
  • The formula used by the breathalyzer cannot be accurately be applied to the individual in question

Despite the fact that breathalyzers have become common and the most powerful evidence in a DUI case, breathalyzers are not as accurate as they are perceived to be. For starters, most breathalyzers assume that every user is an average person and do not take into account important factors that can have an effect on a BAC reading such as sex, height, weight, and other variables. In addition, a breathalyzer can also misinterpret other substances that an individual could come into contact with as alcohol.

For these reasons, a drunk driving attorney from our Fort Lauderdale law firm could disprove the test result of a breathalyzer by showing that their client is not the average person and therefore the results are not accurate. An attorney may also be able to prove that the test was not properly conducted or the device was not properly maintained. If you were charged with drunk driving in the Fort Lauderdale area, contact a lawyer to discuss your breathalyzer test result and your legal options

Were you or someone you know arrested for drunk driving in Ft. Lauderdale? Contact our Ft. Lauderdale DUI Lawyer today.