Law Firm of Scott T. Moorey

Breathalyzers used in DUI cases are unerringly accurate, right?

Readers of our Fort Myers criminal defense blog at the Law Firm of Scott T. Moorey know a loaded question when they see one. We are confident that most visitors to our website harbor reasoned doubts regarding today’s above-posed headline entry and any claim that a blood-alcohol testing device is precisely accurate in every instance.

In fact, there is a veritable mountain of evidence – carefully researched and tested findings from many sources – to suggest otherwise.

And that is problematic, for this obvious reason: False BAC readouts from breathalyzers pose dire outcomes for motorists who are criminally convicted on DUI charges based on breathalyzer-derived evidence.

It is candidly hard to even state the degree to which a Florida motorist’s life (and, often, the lives of his or her family members, as well) is upended by a DUI conviction, especially one relying on inaccurate data. Heavy fines and court costs are a given. Vehicle impoundment, license revocation, probation, community service, even jail time – all these exactions and more can challenge a defendant, even a driver with no prior DUI history.

Such outcomes are grossly unfair and even tragic when they trace to breathalyzer-linked problems. Law enforcement groups routinely laud such devices, but there is no denying the recurring evidence underscoring instances of flawed BAC conclusions linked with their use. A recent in-depth New York Times investigation stressed that breathalyzers “generate skewed results with alarming frequency.”

Where does that leave an individual who blew a 0.08 or higher and seriously questions the breathalyzer readout that is now a central catalyst in his or her drunk driving conviction?

Any motorist in Southwest Florida who questions breathalyzer results or any other aspect of a DUI stop might reasonably want to timely seek legal counsel from a proven and results-driven law office. An experienced criminal defense team will provide aggressive representation that aims always at securing optimal client results.

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Fort Myers, FL 33919

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