A night out with friends or a routine traffic stop can quickly take an unexpected turn. The flashing lights in your rearview mirror, the stern voice of a law enforcement officer, and the cold, sterile presence of a breathalyzer machine all can send a shiver down your spine. For many, the mere thought of facing a breathalyzer test can be anxiety-inducing, and for good reason.
If you submitted to a chemical breath test on an Intoxilyzer 8000 — the only breath test machine with results approved to be used as evidence at trial in the state of Florida — there is a possibility that your BAC reading is flawed. Criminal Defense Attorney Brian Gabriel has researched breathalyzers and has challenged their results. When you work with Mr. Gabriel for your DUI, he will handle your case using all the knowledge and skills developed over the span of his over 30 year career.
What Is Blood Alcohol Content (BAC)?
BAC is a crucial metric used to quantify the concentration of alcohol in a person’s bloodstream. It is expressed as a percentage, representing the volume of alcohol per 100 milliliters of blood. The legal limit for driving varies by jurisdiction, but in many places, including Florida, a BAC of 0.08% or higher is considered above the legal limit for operating a vehicle.
Several factors influence an individual’s BAC, including the following:
- Body weight: Smaller individuals may feel the effects of alcohol more strongly than larger individuals consuming the same amount.
- Gender: Women generally metabolize alcohol differently than men, leading to potentially higher BAC levels.
- Rate of consumption: Drinking alcohol rapidly can lead to a quicker rise in BAC.
- Type of alcohol: Different types of alcoholic beverages have varying alcohol content.
- Metabolism: The rate at which the body processes alcohol varies among individuals.
Understanding how breathalyzers function is crucial for individuals facing DUI charges. Criminal Defense Attorney Brian Gabriel understands the complexities of breathalyzer testing in Florida and can apply that knowledge to a defense strategy.
Understanding How Breathalyzers Work
When a person consumes alcohol, it is absorbed into the bloodstream. As blood circulates through the lungs, some of the alcohol vaporizes and is expelled through the breath. Breathalyzers estimate BAC by assessing the amount of alcohol in a person’s breath. The process typically involves the following:
- Sample collection: The individual blows into a breathalyzer, providing a breath sample.
- Chemical reaction: The breath sample comes into contact with a sensor containing a substance that reacts with alcohol. This reaction produces an electric current.
- Measurement: The strength of the electric current correlates with the amount of alcohol present in the breath, allowing the device to estimate BAC.
- Conversion: The device converts the electric current measurement into a numerical representation of BAC.
These devices, while designed to provide a convenient means of estimating BAC, are not infallible. Criminal Defense Attorney Brian Gabriel can evaluate your situation to identify any potential issues with your breathalyzer test results.
Why Breathalyzer Test Results Can’t Always Be Trusted
For many drivers, getting arrested for driving under the influence can seem like the end of the world as they know it. Drivers arrested for DUI in Florida for the first time may assume nothing can be done to avoid a conviction if they test positive for a BAC above the legal limit after a DUI stop. While being arrested is certainly a stressful and eye-opening experience, this is a flawed assumption.
The Intoxilyzer 8000 is an advanced piece of equipment that must be operated by certified individuals. Ultimately, human errors during calibration, maintenance, and following procedures could lead to unreliable results. Here, we’ll explore the most common reasons a breath test can fail.
Improperly Calibrated Machine
Advanced equipment like the Intoxilyzer 8000 requires regular maintenance and proper calibration. The law enforcement officer responsible for conducting your alcohol test must adhere to strict protocols during the procedure. If any errors were made, there’s a potential your recorded BAC level is inaccurate.
Your DUI lawyer will look into the facts of your case to ensure all procedures were followed properly. From the legitimacy of the traffic stop to the results of your breath test, it’s crucial to confirm that all law enforcement officers involved in your DUI case carried out their duties lawfully. Should any discrepancies arise, your attorney may opt to challenge the validity of the Intoxilyzer test results so they won’t work against you in court.
Machine Detects Mouth Alcohol
There are times when police officers investigating a DUI do everything right when they subject the suspect to an Intoxilyzer test and still get false results. Occasionally, the Intoxilyzer 8000 detects the presence of mouth alcohol instead of the intended deep lung air, resulting in an inflated BAC reading.
Residual mouth alcohol is any alcohol that is present in the mouth or airways. Mouth alcohol has a higher concentration of alcohol than deep lung air, which can contaminate your breath sample.
Mouth alcohol can come from many sources, including:
- Mouth wash
- Dentures
- Cough medicine
- Gum
- Breath mints
Therefore, using mouthwash, chewing gum, or consuming breath mints prior to taking a breath test may significantly alter the accuracy of your results.
Having a Health Condition
Health conditions such as acid reflux or gastroesophageal disease (GERD) have the potential to generate mouth alcohol, leading to the production of unreliable results when using an Intoxilyzer. This medical condition is marked by the regurgitation of stomach contents into the esophagus. If you’ve recently consumed alcohol and are experiencing symptoms of acid reflux, even a single drink can trigger these symptoms, adversely affecting the accuracy of your breath test results. Anyone who encounters heartburn while undergoing a breath test may also encounter the influence of mouth alcohol on their results.
Belching or Hiccupping During Breath Test
If your body experiences a belch or hiccup during a breath test, it can lead to the expulsion of stomach contents, markedly distinct from the composition of deep lung air. These stomach contents can contain a notably higher concentration of alcohol, potentially resulting in an inaccurate BAC reading. It is the responsibility of the officer conducting the test to ensure you do not belch or hiccup during the procedure. In the event that such an occurrence does take place, the officer is obligated to administer a new test to ensure the reliability of the results.
Challenge Your Breath Test Results with a DUI Lawyer’s Help
The Law Office of Gabriel & Gabriel is your source for competent DUI defense in West Palm Beach and surrounding areas. Criminal Defense Attorney Brian Gabriel has fought DUI charges for more than 30 years and specializes in challenging the Intoxilyzer 8000. He has worked to disqualify results from the Intoxilyzer 8000 as evidence due to the myriad issues with the machines and their human operators.
Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.