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Breathalyzers used in DUI cases are unerringly accurate, right?

| Dec 4, 2019 | DUI

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.