Attorney
Attorney

The Name You Know.
The Name You Trust.

The Name You
Know.
The Name You
Trust.

We have deep ties to the community, we have represented clients in Southwest Florida for more than 25 years.

4 things to know about breath analysis tests

When a Floridian is pulled over and suspected of driving while under the influence, chances are high that they will soon be subjected to a breath analysis test. However, there are a few things all drivers should know about these breath tests before deciding their next course of action.

The first thing everyone should know about breath analysis testing is that it isn’t guaranteed to be accurate. The National Institutes of Health shows that there are actually numerous instances in which breath analysis tests are aborted in favor of urine or blood testing, which are more invasive but considered to be much more accurate.

Secondly, breath analysis devices need to be calibrated frequently. They should be calibrated before a breath sample is taken. In between uses, they still need to be maintained and watched to ensure that the equipment is in top functioning condition when used.

Third, it’s possible for substances that aren’t alcohol to falsely trigger a breath analysis device. ABC7 News lists common items that can trigger a breath analyzer to detect alcohol. This includes things like mouthwash, certain types of breath mints, cough syrup, cold medication, cough drops, and many other types of medication with alcohol as an ingredient.

Finally, it’s better to fail a breath analysis test than to refuse to take one. Many states have implied consent laws, meaning consent for a breath test is given as soon as a driver hits the road. Refusal to comply can lead to license suspension and more. Breath tests can be contested, so even if the test is failed, it can still be argued against in court.

Those who have failed a breathalyzer test won’t necessarily be convicted of their DUI-related charges. For this reason, it’s best to tackle a breath analysis test failure in court.

Archives

FindLaw Network

We’re conveniently located in downtown Fort Myers, just one block from the federal and state courthouses.

Image