Breath tests are used in DUI cases in order to measure the level of alcohol in a person’s blood, and gauge impairment. The breath tests that are used in West Palm Beach are the results of an instrument called the Intoxilyzer, and those are the only breath tests that are used in court. Any other breath test not being administrated on the Intoxilyzer that is run by the Palm Beach County Sheriff’s Office would not be used in court in West Palm Beach. If someone believes that their breath test is inaccurate, they should consult a knowledgeable DUI lawyer that can begin challenging a West Palm Beach DUI breath test on their behalf.
There are several tools that are used to test the presence of alcohol on a person’s breath. One would be the observations of the officers. A person can smell alcohol coming from a person’s mouth if they get within three feet of the person if they have alcohol on their breath. Alcohol does not necessarily come from the person’s breath, it comes from the lungs. If a person tends to take mouthwash or gum and help it to go away, it might mask it but it will not make it go away because the odor actually comes from the lungs because the alcohol is in the blood and the blood rushes through the lungs where it is exchanged with alcohol and the carbon dioxide exchange.
The other mechanisms that are used besides just a person’s physical observation are, obviously, testing devices. One is called the portable breath test which is not used for the court but used on the roadside usually for juveniles and then, of course, there is the Intoxilyzer that is run and calibrated by the Palm Beach County Sheriff’s Office. They are used to show that there is alcohol on the blood but as far as accurate and reliable results, quantifiable results, the only way they are going to get that for a breath test is going to be from an Intoxilyzer. They can get quantifiable results from urine or blood but not from breath.
Roadside breath tests are not admissible in court. The roadside breath test is called the portable breath test. That is not allowed to be used in court as evidence of guilt or impairment. Once they give a person a roadside breath test, they can no longer give them a test with the Intoxilyzer back at the sheriff’s office. The roadside breath test which is often referred to as a portable breath test or PBT, the results of those tests are not allowed in court because they are inaccurate or unreliable. They are not inspected. They are not registered, inspected and maintained to the same standard as those inside the police department when being detained by the police department. If an individual feels that their roadside breath test was inaccurate, they may have grounds for challenging a West Palm Beach DUI breath test.
When challenging a West Palm Beach DUI breath test, an individual should try to verify that the instrument was properly registered, and make sure it is maintained, it is inspected, and the person who has performed or administered the test is properly qualified to do so, and they should also get a copy of the DVD or the digital recording of the testing procedure to make sure that they were not coerced, or intimidated, or misinformed, or misled as to the law to get them to give the sample in the first place.
The person should also collect documentation concerning the instrument, collect the results, and get the DVD of the testing procedure itself to see what was done and then they can formulate their challenge. The individual should immediately hire a lawyer. A DUI lawyer may know how to get these documents and, collect and screen the evidence for possible issues to be used by an expert. If a person plans on contesting or challenging the breath test results, they should hire a skilled DUI attorney. The lawyer could get all the supporting documentation that they need to be raised to challenges that are possible to be made in order to challenge the results of the breath test.
Leifert & Leifert Criminal DefenseNA