Skip to navigation
Let Me Be Your
Dedicated Advocate
Schedule a Free Consultation

How Accurate Are Breathalyzers, Anyway?

Golburgh Law June 24, 2016

If you have been charged with a DUI, make sure the breathalyzer was accurate. Contact us today!

The legal limit for combining driving and blood alcohol content (BAC) is 0.08%. At that BAC, Florida law presumes the driver to be legally impaired, and therefore guilty of DUI, or driving under the influence. But do you really know what that means? And are breathalyzers accurate?

A presumption of impairment at .08 means that the law says you’re impaired, even if in reality, you are not. This presumption can be rebutted by conflicting evidence, such as evidence of actual sobriety, and a jury can disregard the reliability of the result. On the other hand, if the jury believes that your .08 BAC result was accurate, that alone is enough to be found guilty of DUI.

The problem with this presumption is that it’s based on the premise that breathalyzers, and more specifically in Florida, Intoxilyzers, are accurate and reliable. This isn’t always true. The readings from Intoxilyzer breath test machines can be affected by radio frequency interference, the presence of alcohol in the mouth, the amount of air the driver blows into the machine, the presence of an abnormal amount of acetone naturally released from the body through the lungs, and human error.

It is imperative that you consult Fort Lauderdale DUI Lawyer Lloyd H. Golburgh if you were arrested for DUI and took a breath test. I have the knowledge and experience necessary to defend against a breath alcohol level (BAC) over the legal limit. Contact us today for a free consultation.