7 Factors That Can Invalidate a Pensacola DUI

 

Driving under the influence (DUI) is a severe offense in Pensacola, Escambia County. If you're faced with such a charge, understanding potential flaws in DUI tests can be crucial. Here are the top seven things that can invalidate a DUI test:

1. Improperly calibrated equipment.
2. Errors during the administration of the test.
3. Medical conditions affecting the result.
4. The officer's lack of training or certification.
5. Contaminated samples.
6. Improper handling or storage of samples.
7. External environmental factors.

Know more about DUI from this Wikipedia link.

Consult the official Florida Statute on DUI offenses here.

Mistakes in Equipment Calibration

Using instruments like the Breathalyzer is common in DUI tests. If these tools aren't correctly calibrated, they can provide inaccurate results, leading to unjust charges. Factors to note:

• Regular maintenance is essential for accurate readings.
• Devices should be checked against a control sample.

Errors During Test Administration

Human errors can significantly affect the DUI test outcome. This may include:

• Not observing the subject for the required period before the test.
• Not instructing the subject properly before administering the test.

Medical Conditions Affecting the Result

Certain medical conditions or medications can affect breathalyzer results. For instance:

• Diabetic ketoacidosis can produce isopropyl alcohol in the breath.
• Some diets may produce ketones, which can be mistaken for alcohol.

Lack of Proper Officer Training

A trained officer must always conduct DUI tests. If not:

• The officer may not know the correct procedures.
• The result might be deemed invalid due to procedural errors.

Contaminated Samples

For accurate results, samples must be pure. However:

• External substances, like mouth alcohol, can contaminate the sample.
• Radio frequencies from nearby devices can interfere with some machines.

Mishandling or Poor Storage of Samples

This mainly pertains to blood and urine tests:

• Samples can degrade if not stored correctly.
• Cross-contamination can occur if mishandled.

External Environmental Factors

Conditions at the time of the test can affect the results:

• Chemicals present in the environment can produce false positives.
• Temperature and humidity can affect some equipment.

Hypothetical Case

Imagine John, a Pensacola resident with diabetes. One evening, after having dinner with friends (but not drinking alcohol), he was pulled over by a police officer who suspected him of DUI. The officer conducted a breathalyzer test, which John failed. John was unaware that his medical condition could affect the results.

Later, upon hiring a DUI attorney from Cromey Law, it was discovered that the breathalyzer machine wasn't calibrated correctly, and the officer who conducted the test wasn't adequately trained. With the evidence in his favor, John's case was dismissed.

Key Takeaways

A DUI charge can be a daunting experience, but knowing these can be empowering:

• Not all DUI tests are flawless.
• External and internal factors can impact test results.
• Medical conditions can provide false positives.
• Proper legal representation can identify these inaccuracies.

How Cromey Law Can Assist You

At Cromey Law, we understand the complexities surrounding DUI charges. We recognize that not all DUI tests are infallible, and we're committed to thoroughly investigating your case, ensuring all factors are considered. We aim to provide you with the best defense strategy tailored to your situation. Let our dedicated team stand by your side.

FAQs

1. Does the type of alcohol consumed affect the DUI test?
   Different alcoholic beverages won't produce different readings; it's the amount of alcohol consumed that matters.
2. Can mouthwash affect a breathalyzer test?
   Some mouthwashes contain alcohol, which can give a false positive if used shortly before a test.
3. Is refusing a DUI test a good idea?
   Refusing can lead to penalties but may also prevent potentially flawed results.
4. How long after drinking can one still fail a DUI test?
   This varies based on numerous factors, including the amount consumed, metabolism rate, and body size.
5. What are field sobriety tests?
   These are physical tests like walking in a straight line or following an object with one's eyes, which can indicate intoxication.

Disclaimer: Cromey Law tries to ensure the accuracy of this article. However, Florida Statutes change, case law changes, and as such, errors may occur. Cromey Law assumes no responsibility for any errors or omissions in this article. Cromey Law encourages you to utilize our links to relevant Florida Statutes. Contact my office at [850.483.1689] if you have any questions or require legal assistance.