What About The Breath Machine? 

Breath Tests Are Often In Error Or Illegally Obtained

Throughout our professional careers as Florida DUI lawyers, the most often asked question is “Can you beat the breath machine?”  The most simple answer is “yes” the breath machine can be beaten.  One only has to look at the “facts” portion of the firms Recent Court Victories to see that our office has consistently obtained favorable results on cases with sometimes very high breath test readings.  The following is a list of some questions that can affect both the accuracy of the breath alcohol results as well as whether the result is admissible into evidence. 

• Did the officer observe you for a period of 20 minutes prior to taking the breath test?

• Did the officer tell you to “keep blowing” during the breath test?

• Did the police officer have his/her radio on during the breath test?

• Was the initial stop by the officer unlawful?

• Was the arrest by the officer unlawful?

• Was the machine properly calibrated?

• Were you absorbing alcohol or eliminating alcohol at the time of the stop?

• Did you finish drinking just prior to being pulled over?

• Is your body’s partition ratio above or below 2100:1?