Breath tests are one of the primary methods of determining whether someone is driving while impaired or not. One of the issues with breath tests, however, is that they are not always accurate. Sometimes Palm Beach Gardens DUI breath test errors are due to human error, sometimes they are due to issues with the breath test device itself. Regardless, inaccurate readings could have a negative impact on an individual’s case and lead to an unfair outcome. That is why if you have been charged with a DUI offense it is important to speak with a skilled DUI attorney that could help you challenge the results of these breath tests. Let a qualified lawyer work towards the best possible outcome for you.
Breath Tests as a Defense Strategy
If a breath test was below the legal limit, the defense could use that as a defense strategy because Florida law says if a person is above 0.05 and below 0.08, the person is not automatically guilty; it is a presumption that they are impaired. If it is below 0.08, they are going to use that. Palm Beach Gardens DUI breath test errors can also be used as a defense when the test results are high but the person does not look like they are impaired. In that instance, the defense could argue that the results are unreliable because they do not corroborate what the physical evidence shows on the DVD.
They may see someone who is supposedly three times the legal limit, but they are seeing someone who is walking, talking normally, making decisions, answering questions appropriately yet the government says they are three times the legal limit. There is no reason why this person should not be driving based on what they seem; they are fine, even though the test says they are three times the legal limit. Those are some examples of when these have been used as a defense strategy. It is rare to use them as a defense strategy. An attorney would rather not have a breath test to argue with when someone’s below the legal limit.
How Can a Person’s Teeth Impact the Results of a Breath Test?
If a person does not have a full set of teeth, if they have some hardware in their mouth like dentures, cavities or orthodontic work, these can create spaces in the mouth and even spaces in the gums for alcohol to remain. Assuming a person has a denture in between their denture and their gum, there could be pockets of alcohol that could lead to Palm Beach Gardens DUI breath test errors. If a person has other pockets, alcohol can pool in them, just like food can pool in a person’s dentures or pool in bridgeworks or get stuck in it so can alcohol, and it is not only solids but liquids can be stuck in there.
If a person does have alcohol in their mouth, it will affect the breath test results and they do not want to rely on the machine detecting that there is alcohol in a person’s mouth. Rather, they want to be able to document the alcohol on a person’s mouth. They want to make it more likely than not that just like the person may have some food trapped in there that the person may have pockets of alcohol still in there, too.
Information to Share With a Palm Beach Gardens Attorney
The most important thing when building a defense is to get all of the factual circumstances of your case, where you were coming from, what you were doing immediately before and what you had to eat and drink. An attorney may also want to discuss any medical conditions you may have and medications you might be taking. It is important to know if a person has reflux, or GERD, or heartburn. It is also important to know whether you have diabetes because diabetes can give off a false positive for alcohol.
An attorney will probably ask you about what dental work you have had and also what physical limitations that may result in as far as balance and dexterity if you have inner ear trouble or have had a head injury before. All those things can affect the DUI case. But as far as Palm Beach Gardens DUI breath test errors go, the physical hardware on a person’s mouth could be a major factor. A qualified DUI lawyer could take all of these factors into account when building your defense. Work with a capable attorney that could use this information to fight for you.
