Florida criminal defense attorney help when breath test results do not match reality

If you were arrested for DUI in Florida and the officer is relying on a breath test result, you may feel like the case is already decided. I want you to know something important, breath testing machines are not perfect, and they are not always accurate. I have represented many people who were certain they were not impaired, yet a machine produced a number that the State used as the foundation of the prosecution.

Breath tests can be influenced by machine maintenance problems, improper testing procedures, medical conditions, mouth alcohol, timing issues, and even how the officer observed the required waiting period. Many DUI arrests begin with assumptions, and then the breath test becomes the centerpiece, even when the facts do not match.

When you hire a private DUI defense attorney, you are not just hiring someone to stand next to you in court. You are hiring someone to challenge the State’s evidence, identify errors, and push for a reduced charge, reduced penalties, or dismissal when the evidence is unreliable. That is what I do, and that is why these cases should never be treated like automatic convictions.

How Florida Uses Breath Testing in DUI Cases

Florida DUI prosecutions often rely on breath testing to support the allegation that a driver had an unlawful alcohol level. Breath testing is usually tied to Florida’s DUI statute, Florida Statute § 316.193.

Rather than quoting it word-for-word, here is what the law generally provides:

  • A person can be charged with DUI if they are driving or in actual physical control of a vehicle and are impaired by alcohol or certain substances.

  • The State can also pursue DUI based on a breath alcohol level of 0.08 or higher for most drivers.

  • Enhanced penalties can apply for higher readings, such as 0.15 or above, or when minors are present.

Breath tests can be persuasive to juries, but only if the test is valid and reliable. That is where a private attorney can make the difference. I challenge whether the test was properly administered, whether the device was maintained, and whether the result truly reflects your blood alcohol concentration.

The Implied Consent Law and Breath Testing

Florida’s implied consent law is found in Florida Statute § 316.1932. Instead of quoting it directly, here is the practical meaning:

  • If you drive in Florida, you are considered to have consented to lawful breath, blood, or urine testing after a DUI arrest.

  • Refusing a lawful breath test can trigger an administrative license suspension.

  • Repeat refusals can create additional consequences.

Many people do not realize that implied consent issues can affect both the criminal case and the license case. A private attorney helps protect you on both fronts, because the DMV timeline and the court timeline are not the same.

Why Breath Testing Machines Can Produce False or Misleading Results

Breath machines are designed to estimate alcohol concentration, but they do not measure blood directly. They rely on assumptions and procedures. If those assumptions fail, the result can be wrong.

Common issues I look for include:

  • Improper observation period, the officer must ensure no burping, vomiting, or mouth alcohol contamination.

  • Mouth alcohol, from dental work, breath spray, or regurgitation.

  • Calibration and maintenance issues, machines must be checked and documented.

  • Operator error, including incorrect procedure or incomplete paperwork.

  • Timing problems, alcohol absorption can change rapidly.

  • Medical conditions, such as GERD, diabetes, or respiratory issues.

A private attorney can subpoena records, review logs, and cross-examine the State’s witnesses. Without that pressure, the State often assumes the breath number ends the conversation.

Florida Administrative Rules and Breath Test Compliance

Florida breath testing is also governed by administrative requirements that relate to maintenance, certification, and testing procedure. These rules are often used to challenge whether the test was done correctly.

Even when a prosecutor says, “The machine is approved,” that does not mean it was properly maintained or properly used that night. If procedures were not followed, I may be able to limit or exclude the breath result, or use those failures to negotiate a reduction.

That is another reason private representation matters. Breath testing defenses require time, attention, and a willingness to fight.

DUI Penalties in Florida and Why Breath Test Accuracy Matters

DUI penalties in Florida can include:

  • Jail time

  • Probation

  • DUI school

  • Community service

  • Vehicle impoundment

  • Ignition interlock device requirements

  • License suspension

  • Increased insurance costs

A breath test number can also increase penalties if it crosses certain thresholds. That is why I take breath testing challenges seriously. If the breath result is inflated or unreliable, it can directly impact the penalties you face.

Defenses I Use to Challenge Breath Test Evidence

Every case is different, but these are common defense angles:

The officer did not follow required procedures

If the officer failed to follow the observation period or testing steps, the result can be challenged.

The machine records show maintenance problems

Maintenance logs, inspection records, and error codes matter.

The breath sample was contaminated

Mouth alcohol contamination is a real issue and can create false highs.

Rising blood alcohol defense

Alcohol can rise after driving, meaning a test taken later may not reflect the level at the time of driving.

The stop or arrest was unlawful

If the stop lacked legal justification, the entire case can weaken.

A private attorney does not accept the State’s version of events as final. I test it, challenge it, and expose weaknesses.

Real Case Example: Winning a DUI Case With Breath Test Issues

I represented a client who was arrested after a traffic stop where the officer claimed signs of impairment. The State relied heavily on the breath test result, and the number was above the legal limit. The client insisted the result was not accurate and that something felt off during the testing process.

Key facts:

  • The officer rushed the testing process.

  • The observation period was questionable.

  • The machine records showed irregularities that raised reliability concerns.

  • The client had a medical condition consistent with mouth alcohol issues.

I attacked the breath test foundation and forced the State to address the weaknesses. Once those issues were clearly presented, the case posture changed.

Result:

  • The State’s evidence weakened significantly.

  • The case outcome was resolved in a way that protected the client from the harshest DUI consequences.

Breath test challenges are technical, and they require a private attorney willing to do the work. That is how you protect yourself when the State is leaning on a machine.

FAQs About Florida Breath Testing Machines

Are Florida breathalyzers always accurate?

No. Florida breath testing machines can produce inaccurate or misleading results for several reasons, including improper testing procedure, mouth alcohol contamination, and maintenance issues. A breath test is only as reliable as the process used to collect it. If an officer fails to follow the required observation period, or if the device has calibration problems, the number can be challenged. In my experience, breath tests often look “final” to the public, but they are not beyond scrutiny. A private attorney can review the records, challenge the foundation of the test, and fight to reduce or dismiss the charge when the evidence is weak.

Can a medical condition cause a false high breath test result?

Yes. Certain medical conditions can contribute to breath results that do not reflect true impairment. Conditions such as acid reflux, GERD, or other digestive issues can cause mouth alcohol that impacts the breath sample. Some metabolic conditions can also complicate the interpretation of results. This does not automatically win a case, but it can create reasonable doubt when supported by evidence and handled correctly. A private attorney can present these issues properly, request records, and challenge the State’s reliance on a number that may not match reality.

What if the officer did not wait before giving the breath test?

The observation period matters because it reduces the risk of mouth alcohol contamination. If an officer did not properly observe you before testing, the result can be challenged. This is one of the most common issues I investigate. Video evidence, officer reports, and testing logs can reveal whether the proper steps were followed. When the State cannot prove compliance, it can weaken the breath evidence and improve your chances of a better outcome.

Can I fight a DUI charge even if my breath test was over 0.08?

Yes. A breath test over 0.08 does not automatically mean the case is unbeatable. DUI defense is about the totality of the evidence, including the legality of the stop, the officer’s observations, the field sobriety exercises, and the reliability of the breath test itself. Many cases have weaknesses that are not obvious until a private attorney investigates. My job is to challenge what can be challenged and fight for the best result possible, including a reduction, dismissal, or minimized penalties.

Musca Law Is Ready to Fight for You

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 35 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, the Florida Panhandle, and every county in Florida.

If your DUI case depends on a breath test, do not assume the machine got it right. Let us review the evidence, challenge the process, and fight for the outcome you need.