Evidence A Tampa DUI Attorney May Use To Refute An Incriminating Breathalyzer Test Result

To be found guilty of a DUI the prosecutor must show beyond a reasonable doubt that the driver was under the influence of alcohol. Thus, under Florida DUI law the burden of proof is on the prosecutor. Typically, the most persuasive piece of evidence in a Florida DUI case is the result of the breathalyzer test. Typically, a breathalyzer test is admissible as evidence and used by the prosecutor to argue for the defendant’s conviction. However, breathalyzer tests are not 100% reliable and often will result in false positives. An experienced Tampa DUI attorney will be well aware of how a breathalyzer test functions and the many reasons that may lead to a false positive. When defending a client accused of a DUI the Tampa DUI lawyer will often attack the credibility of the breathalyzer result to prove his client’s innocence.

There are many situations which will increase the likelihood of a false positive. For instance, a driver who is battling diabetes is more likely to produce a false positive than a driver who does not have diabetes. Diabetics typically suffer from abnormal blood sugar and insulin levels that may produce ketones and acetones. Breathalyzer tests have a history of mistaking ketones and acetones for alcohol, resulting in unreliable breathalyzer results. If the driver is diagnosed with diabetes the Tampa DUI lawyer can supply scientific evidence that will explain the condition and raise doubt in the reliability of the breathalyzer test result. Remember, the prosecutor must prove the driver was under the influence of alcohol beyond a reasonable doubt. Thus, the more evidence the Tampa DUI lawyer has to attack the credibility of the breathalyzer test the greater likelihood the defendant will be found not guilty.

The driver’s actions prior to the breathalyzer test may also significantly increase the chances of a false positive. For instance, if the driver ate bread shortly before taking the breathalyzer test it may result in a false positive. Most baked breads contain yeast, which is an ingredient used to make alcohol. Alcohol is produced by the fermentation process in yeasts and their action on the simple sugars used in preparing the dough. Often, some alcohol will remain after the bread is baked and thus, increase the probability of a false breathalyzer result. A Tampa DUI attorney may be able to persuade the jury by submitting scientific evidence linking the consumption of bread to false breathalyzer test results.

There are many other instances in which a breathalyzer test will produce a false positive. If you have been accused of a DUI you should contact Florida Law Group for help. One of our Tampa DUI lawyers can discuss the results of your breathalyzer test with you during a free consultation.