Jacksonville Challenging Breathalyzer Evidence

Breathalyzers are the most common form of testing blood alcohol content (BAC) at DUI stops. If a driver is found to have a BAC over 0.08, he or she will be charged with a DUI, which could result in serious fines, loss of license or even jail time.

If you have been charged with a DUI following a Breathalyzer test, there are strategies for defending against the charges or having them dropped. Call DUI lawyer Charles L. Truncale, P.A., of Jacksonville, Florida, today at 904-469-0653 to discuss your case.

When you are granted your driver's license and driving privileges, you implicitly consent to undergoing testing if law enforcement suspects that you are driving illegally — including taking a Breathalyzer test. Before they can administer the test, they must advise you of your rights and that you have the option to refuse the test. If you do refuse the test, however, you will automatically lose your license for a year.

When administering the test, law enforcement must follow strict protocol and procedure, protecting your constitutional rights. If your rights are violated in any way, the results of the test may be thrown out.

Common Issues When Challenging Breathalyzer Evidence

Some of the most common issues with Breathalyzer testing include:

  • Calibration issues with the machine
  • Improper maintenance and cleaning of the machine, as well as regular testing
  • Mistakes made while administering the test, including not warming up the machine properly or ensuring that the individual used the machine correctly
  • Improper training for officers administering the test
  • Health problems or conditions of the person being tested, including respiratory problems, ketosis, vomiting, dental issues or other issues
  • The driver having used other products directly before taking the test, such as mouthwash, ointment, adhesives or certain foods
  • The driver having been exposed to certain vapors or products directly before the test, such as varnishes, gas or paint

Attorney Charles Truncale will thoroughly investigate the condition of the Breathalyzer and the manner in which you were tested. If there were any irregularities that could have altered the reading of the test, he will fight to ensure that the results are struck from the record and not used against you.