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Breath Test

Law enforcement commonly use breathalyzers or breath analysis to identify drunk drivers. However, you might be unaware that breathalyzers malfunction often and police officers don’t always conduct regular maintence on the equipment. This means you could get a false positive even if you haven’t had a single drink.

On the legal end, submitting or refusing a breath test has its pros and cons. Refusing could hurt the prosecutor’s case, but your license could be suspended as a result. If you or someone you know has submitted or refused to a breathalyzer or intoxilyzer test, then it’s imperative you contact an experienced criminal defense attorney.

DUI Attorney for Breathalyzers in West Palm Beach, Florida

Breath analysis isn’t a reliable piece of evidence and with experienced legal counsel you can discredit the prosecution’s breathalyzer results. To hire a skilled defense lawyer with experience in DUI, contact the attorneys at Meltzer & Bell, P.A.. We have the tools and resources you need to fight your charges.

Contact Meltzer & Bell, P.A. today at (561) 557-8686 to schedule your first consultation free. Our defense lawyers will do everything in our power to assist you and fight your charges. Meltzer & Bell, P.A. practices throughout the greater Palm Beach county area including West Palm Beach, Boca Raton, Delray Beach, Jupiter and Lake Worth.

Overview of Breath Analysis in FL

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How Do Breathalyzers Work and Measure BAC?

Law enforcement use intoxilyzers and breathalyzers to conduct breath analysis on drunk drivers. These tests measure your blood alcohol concentration also known as BAC. If you have a BAC of .08 or higher, then they can lawfully arrest you with DUI.

Breathalyzers are made up of two glass vials which contain a chemical reaction mixture and a system of photocells connected to a meter. Blowing into the instrument inebriated will result in the meter changing from a reddish-orange to a mixture of green. Police officers will then compare the reacted mixture with a control unreacted mixture to see if you’re drunk.

Intoxilyzers are similar, but function a little differently. They rely on infrared (IR) spectroscopy to determine your BAC level, which is how molecules absorb IR light. The test can identify ethanol by reading how the molecule’s wavelengths bonds react to IR light. It uses an IR beam through a chamber which focuses on a spinning filter wheel. The beam then passes through a filter wheel and is converted into an electrical pulse. That pulse is relayed through a microprocessor, which then translates that information into the BAC level.

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Are Breathalyzers Accurate?

Law enforcement depend on breathalyzers to charge people with DUI. Unfortunately, the instrument isn’t foolproof. Many have reported breathalyzers and intoxilyzers yielding inaccurate results. Results can be easily influenced by outside factors such as rainy roads as well as circumstantial factors such as being on a diet.

Listed below are some common issues that can occur during a breath test.

  • Electromagnetic interference from other devices such as cellphone towers;
  • Officer read the results incorrectly;
  • You have residual alcohol in your mouth;
  • You’re on a diet;
  • Your metabolism is slow;
  • The instrument hasn’t been calibrated;
  • You belched, vomited or hiccupped before the test;
  • The temperature of your breath;
  • You’re a diabetic;
  • You took cold medicine or a prescription drug before driving;
  • You have acid reflux;
  • The officer didn’t follow the proper protocol; or
  • You were around lacquer, paint, cleaning solvents or other alcohols

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Should I Refuse Breath Tests During a DUI Stop in Florida?

Attorneys commonly get asked whether someone should submit or refuse a breathalyzer test during a DUI stop. The answer is more complicated than you may think. Submitting to a breathalyzer test will give the prosecution more ammunition to convict you but refusing also comes with its own consequences.

In Florida, refusing to submit to a DUI chemical test is a violation of implied consent laws. These laws state if you use public roads in Florida, then you are implicitly agreeing to submit to a breath, blood or urine test. Refusing to comply with testing will result in your license being administratively suspended for up to one year. A second refusal will result in an 18-month suspension term.

An administrative license suspension isn’t the same as a criminal one. It’s conducted by the Florida Department for Motor Vehicles and Highway Safety (DHSMV). You can contest it if you file for a hearing within ten days of receiving your suspension notice. It’s important to note that submitting to DUI testing and failing will also result in a 6-month administrative license suspension.

So, refusing to submit will result in suspension term. However, if you do submit and fail the test you will automatically be charged with DUI. The prosecution will now have concrete scientific evidence of your inebriation and a conviction is much more likely. In the end, the cost of a trial is much cheaper and less stressful than a suspension. That is why most attorneys would recommend you refuse testing if you’ve been pulled over for DUI.

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Additional Resources

Suspension Laws – Visit the official website for the Florida Highway Safety and Motor Vehicles (DHSMV). Access the site to learn more about suspension laws, hardship licenses, DUI penalties and consequences for repeat offenders.

Florida DUI Laws – Visit the official website for Online Sunshine, which is a collection of state laws and legislation. Access the site to find more information on DUI penalties, testing refusals, and diversion programs for offenders.

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Breathalyzer Experienced Attorney in Palm Beach County, FL

If you or someone you know has been charged with DUI, then it’s important you gain experienced legal counsel. Do what’s best for your future and contact Meltzer & Bell, P.A.. Our defense lawyers understand the full ramifications of DUI and the legal options that could reduce or dismiss your charges entirely.

Pick up the phone and call (561) 557-8686 to schedule your first appointment for free. The attorneys at Meltzer & Bell, P.A. represent people throughout the West Palm Beach area including Boca Raton, Delray Beach and Jupiter.

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Thousands of Big Wins in Florida

Felony Possession Of Controlled Substance and DUI (Second Offense w/in 5)
The Defendant was charged with Felony Possession of Controlled Substance, punishable by 5 years in prison, and Driving Under the Influence, a second DUI offense within five years of a prior DUI conviction which carries a mandatory jail sentence and a five-year driver’s license revocation. The Defendant’s vehicle was stopped by Officer Malave of the Sunrise Police Department for repeatedly stopping and starting his vehicle near an intersection and for violating a flashing yellow light by stopping and remaining stationary at the intersection. Officer Malave approached the vehicle and made contact with the Defendant. Upon making contact with the Defendant, the Officer noticed that the defendant had the strong odor of an alcoholic beverage, bloodshot and watery eyes, slurred speech ; and the Defendant was incapable of formulating complete sentences. The Defendant would nod off in mid-sentence and was completely incoherent at times. After making those observations, Officer Malave, a female called for the assistance of two male officer’s due to the Defendant’s condition and physical size. The male officers loudly ordered the Defendant out of the car on multiple occasions, but the Defendant would not comply. The Officers attempted to forcibly remove the Defendant from the vehicle, but the Defendant resisted those efforts by bracing, pulling and stiffening his body so that the officers could not move him. The Defendant was slammed to the ground, which the officers took as a refusal to perform roadside exercises and then incorrectly read the Defendant implied consent, which only applies to breath tests. Officers noticed that there ere three cans of beer in the vehicle as well. The Defendant was arrested for DUI and was NOT taken to the Breath Testing Facility and DUI Room, but only the Broward County Main Jail. The Defendant was never asked to submit to a breath test. After the Defendant’s arrest, Officers discovered 27 pills located in a tackle box in the Defendant’s vehicle which ultimately were revealed to be anabolic steroids. Partner, Lawrence Meltzer of Meltzer & Bell prepared for trial. During preparation, the firm filed several Motions in Limine (Motions to Exclude Evidence) that asked the court to exclude any reference to roadside exercises or the Defendant’s alleged refusal top perform them as the Defendant was not offered the roadside exercises and, thus, never refused them. Additionally, the court was asked to exclude any mention of a refusal to submit to a breath test or failure to give on as, again, one was never offered. Finally, the court was asked to prohibit the State from discussing the anabolic steroids as such pills, although a controlled substance, are not those of an impairing or intoxicating nature. After receiving the Motion, the state conceded and was compelled to drop all DUI related charges. Meltzer & Bell was also able to have all felony drug charges dropped as well.
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Result:  Not Guilty
Driving Under the Influence
The Defendant was charged with Driving Under the Influence. Officers of the Davie Police Department were alerted by a concerned citizen that our client was leaving The Billiard Club, a pool bar, in an extremely intoxicated state and about to drive. The Officer approached the vehicle as the car was in reverse, ordered the Defendant to stop the vehicle and conducted a wellness check and noticed the Defendant had bloodshot eyes, the odor of an alcoholic beverage, and extremely slurred speech. Based on those observations, the officer asked the Defendant to perform roadside sobriety exercises, to which the defendant refused. The Defendant was placed under arrest for DUI and was asked to submit to a breath test, but, again refused. Lawrence Meltzer of Meltzer and Bell began to prepare for trial and researched case law in an effort to suppress or throw out the stop of the Defendant’s vehicle and all evidence that followed the stop as being unconstitutional and based upon a lack of reasonable suspicion as the Defendant had done nothing to justify her vehicle being stopped. The firm and Mr. Meltzer researched a similar factual scenario in State v. Sliviak in which the stop was suppressed based upon a lack of reasonable suspicion of criminal activity in an almost identical situation. This case law was presented to the State prior to trial. Upon receiving it, the State agreed and dropped the DUI charge.
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Result:  Charges Dropped
REFUSAL TO SUBMIT TO TESTING
The Defendant was observed by Officer Troy Murdock of the Coral Springs Police Department traveling 55 in a 40mph and weaving uncontrollably to the extent traffic began to slow in order to evade her. The officer activated his emergency lights in order to stop the Defendant, however, she did not until she was forced to because of a traffic backup at the intersection of Riverside Drive and Coral Springs Drive. Upon making contact with the Defendant, the officer noticed the defendant to have an extremely strong odor of an alcoholic beverage; that she could not handle or identify her vehicle documentation and that her speech was extremely slurred and that she was disoriented to the point where she was nodding off in front of the officer. When asked if she knew how fast she was moving the defendant responded by saying “I was doing 99.9”. The Defendant was asked to exit the vehicle and could not place the car in park. Upon exiting the vehicle, the Defendant almost fell into oncoming traffic and had to be saved by the officer. The Defendant could not maintain her balance and was disheveled in her appearance. The defendant refused to perform roadside exercises and later refused a breath test. The defendant had previously been arrested for DUI and previously had her licensed suspended for refusing a breath test and admitted to “having some vodkas”. Meltzer & Bell, once again, proceeded to trial. At trial, our attorneys were able to demonstrate that the officer was not truthful in his testimony through the use of photographs and google satellite photos, and based upon the testimony of the client.
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Result:  DUI Dismissed
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This past year I bought myself a new toy. It’s the third bike I’ve owned, so ‘Im familiar with the tickets that come with it. So far Steven Bell, Esq. has had my reckless driving reduced to a $50 fine and driving school-no points and a complete dismissal of criminal charges. Had my driving without a license dropped-no points. And a 30 over speeding ticket to a fine and driving school-no points. I’d have to say this law-firm handles their own. If your looking for a stress free way of handling your tickets call Meltzer and Bell PA, “The Traffic Stop”.

L.J.
19 Aug 2023

Meltzer and Bell, P.A., “The Traffic Stop,” really went above and beyond in their representation of me in Osceola County on my speeding ticket. They may possibly be THE BEST traffic lawyers I’ve ever encountered. Be sure to send your friends and family to the Meltzer and Bell, P.A., “The Traffic Stop,” for their traffic ticket and DUI needs. I can’t believe that they got the result that they did. Quite simply, they are the most professional firm that I have ever dealt with, and their level of expertise and communication is unparalleled.

I sincerely thank you for everything.

J.N.
27 Jul 2023

I just had to commend you on the outstanding job you did on behalf of your client in court yesterday. If my clients were ever to ask me if I know of a good DUI defense attorney, I know to whom I can refer them!

A.A.
14 Jun 2023

I just wanted to thank you for taking care of my ticket for me. I am thrilled with the outcome and I will definitely refer you to all my family and friends! Thank you so much!

C.W.
05 May 2023

Thank you Meltzer and Bell, The Traffic Stop, for handling my recent accident case. You did an amazing job in getting my case dismissed and saved me TONS of money in the long run. I will always recommend your services to anyone who wants the job done right!

K.R.
25 Apr 2023
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