For a DUI to be filed the police have to have proof that you were driving while over the legal limit. The most common way this is done is to administer a breath test, which gives a readout of the percentage of alcohol in your system. Most people think breath tests don’t “lie”, but the truth is that there are several reasons the result might not be right. Some of the reasons you can control, and others are out of your reach. So, if you have ever wondered if there are steps you can take that will play a part in a breath test result, read on.

A DUI is defined as driving while having a blood alcohol content of 0.08% or more. Three things that might cause the test results to show that you have had too much to drink are:

  • Taking certain over the counter medicines or even a prescription: most medication comes with a laundry list of side effects, as well as words of caution as to what you should and should not do while taking the medicine. For example, if something you take for a cold will make you drowsy, there are usually warnings about driving or operating machinery while taking the medication. But did you know that certain legal substances can also interact with alcohol, and might even cause a breath test to give a false positive? For this reason it is crucial that you advise your attorney of anything you were taking when you were given a breath test. Further review might be necessary in order to establish that the test results are wrong, and this can really help your case!
  • Drinking a lot in a short time period: when you drink too much alcohol in too short of a time period, your BAC can rise faster than normal.
  • Faulty testing equipment: there are certain protocols that must be followed as far as maintenance of the testing equipment, and also in how the tests are given. If these rules are not followed, the test results can be unreliable.

The above three things are on the short list of things that have an impact on the breath test results. The key is to identify which facts are present in your case, and that may include one or more of the above, or something that is unique to your case. In order to establish a defense that will work for you, call our office for an in depth review of your case. Our team of  DUI defense attorneys has experience identifying important pieces of evidence in your case. Call us today to get more information.


For more information about DUI cases, call us. Contact our office today schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. The first visit is a free initial consultation.