A drunk driving arrest in Florida is a nightmare situation. If you know you have not been drinking, you will want to fight the charges against you. If a police officer made you submit to a breath test that detected the presence of alcohol, you can use one of these common means to challenge the results.
Improper calibration
In order to get accurate results in a Breathalyzer, it must be properly calibrated. If this didn’t happen, you could be arrested for drunk driving even if you were actually sober; without proper calibration, the test can provide an erroneous reading.
Inaccurate results
Certain factors can impact the results of a breath test. For example, if you took certain medications, used mouthwash shortly before the administration of the test or even if you have acid reflux, the test could give a false reading. If any of these factors can be proven in your case, the charges could be dismissed against you.
Improper administration
Breathalyzer tests must be properly administered. If the police officer who stopped you didn’t understand how the test works or failed to explain the process to you, the results could ultimately be considered unreliable. You must know how to properly give a breath sample to provide legitimate results.
Lack of probable cause
A police officer must have probable cause to request a person to take a breath test. For example, if the officer pulled a driver over due to a broken taillight and then observed them appearing intoxicated with slurred speech, they would have reasonable suspicion to make such a request. However, if the person looked clear-eyed and was coherent, the opposite would be true.
Drunk driving charges can negatively impact your life. Challenging them is the best way to clear your name.