Tampa Failed Breathalyzer Test Attorney
Prosecutors and police officers act as though a failed breathalyzer test serves as infallible evidence that you were drunk driving. The truth is that these devices are not always accurate. Your Tampa DUI lawyer is here to help you defend your case in front of a jury of your peers. The Law Offices of Tampa DUI Lawyer offer quality DUI representation in Tampa and will do everything in our power to help show your innocence, including the results from a breathalyzer.
Our Tampa DUI Lawyer Has Shown That These Tests Are Inaccurate
- A St. Petersburg, FL woman was a diabetic on a diet. Both of these factors significantly raised her acetone levels, which are commonly mistaken for alcohol vapors by breathalyzers. Her case was dismissed in light of this evidence.
- A life-long Hillsborough County resident was very sick, with a fever of 101.4. He tried to soothe his throat with some ice cream and his stomach with some bread before heading to the drugstore, where he was pulled over on suspicion of drunk driving. Because these machines are so heat-sensitive, fevers can throw them off. Certain foods have also been known to affect them. The combination of a fever and the two foods resulted in an artificially high breathalyzer test and the jury returned a not guilty verdict in his case.
- A teenager in Clearwater, FL took a breathalyzer test in a room that she claimed “really stank.” Upon investigation, our DUI defense in Tampa, FL discovered the room was freshly painted and contained vapors from cleaning products, paint and paint thinner. All three of these vapors were likely to have entered the breathalyzer when she was testing and her case was dropped after we showed the contamination.
- A common problem for drunks throughout the Tampa Bay Area is regurgitation, whether by vomiting or belching. If a DUI suspect does either of these activities, the Tampa police officer is expected to wait a full half hour after the act to perform the breath test. If the officer fails to do this, the tests will almost always come out much higher because alcohol vapors have freshly entered into the suspect’s breath. We have had numerous cases dismissed because the officer immediately performed a breathalyzer after a suspect had vomited.
If you have been accused of drunk driving, do not just lie down and accept the charges. You always have a chance, even with a failed breathalyzer test. Contact a Tampa DUI attorney from our office to discuss your case and provide you with a case evaluation. Our Tampa DUI law firm offers free initial consultations, so there is no risk in learning more about your rights in your case.