Fewer things are more nerve-wracking than being pulled over by police in Florida and taking a breath test. If your results indicate intoxication when you haven’t been drinking, keep a level head and don’t panic. There are several ways to challenge the breath test reading.
Lack of probable cause
Police aren’t permitted to randomly stop drivers and arrest them for drunk driving; they must have probable cause. For example, if a driver runs a red light, it’s a good reason for a police officer to make them stop. If no such reason exists and an officer makes someone take a breath test, the person can challenge the results.
Breath tests must be properly calibrated or they won’t work, and they can produce inaccurate blood alcohol concentration readings. Arguing this point could result in the charges being thrown out.
Lack of proper training
Police must have the proper training needed to administer a breath test. The results may be inaccurate if they don’t know how it works and ask a driver to submit. This gives the person grounds for challenging the breath test.
Many people take medications that contain alcohol or other substances that can skew breath test results. Certain cough syrups, oral pain relievers, asthma inhalers and even mouthwash are a few examples that can cause false readings. If a driver uses any of these products and faces a drunk driving arrest, they can challenge the test results.
Some medical conditions can also result in false breath test results. Acid reflux, hypoglycemia and even obesity can distort a reading. A doctor might even be called to argue about how a person’s medical condition can cause false breath test results.
Using your wits is crucial if you face drunk driving charges. If you weren’t drinking, one of these arguments might exonerate you.