Margin of Error in a Breathalyzer Test

To this day, breathalyzer results are often relied upon as strong and conclusive evidence that an individual is guilty of drunk driving. Unfortunately, it has slowly become more apparent that these results don’t hold the irrefutability some have claimed. Researchers, scientists, and attorneys have spent years analyzing breathalyzer machines to arrive at similar conclusions: things are not as they seem.

Why are breathalyzers so faulty?

It is helpful to first understand how a breathalyzer machine operates. The suspect blows air into a device, which is then supposed to calculate the amount of alcohol in their system. However, the calculations are based on mere averages and therefore not unique to each test-taker.

The breathalyzer determines a person’s blood alcohol content (BAC) by multiplying the content of alcohol in the air by 2,100. This number is used because the “average” person typically has 1/12100^th the amount of alcohol of an equal gallon of blood when they exhale. Clearly, what is average for one person may be far from correct for another.

Studies have shown that breathalyzer results vary at least 15 percent from the actual BAC. This is a significant deviance that officers fail to take into consideration. Compounding this problem is the fact that at least 23 percent of all tested individuals will get results that are higher than their actual BAC!  

There are also numerous factors that can influence a breath test reading, but are often ignored by law enforcement.

Results can be tainted by any of the following:

• Carbonation
• Body type
• Age
• Fat/muscle content
• Alcohol intolerance
• Food consumption

What officers are taking at face value is clearly far from the truth. Many times, tests are administered improperly and the alleged offender suffers as a result. It is imperative that you retain a lawyer who will challenge your breathalyzer results. Simply sitting back and expecting a breath test to work in your favor rarely bodes well for those facing DUI charges.

The sooner you take action, the higher your chances for a favorable outcome. My firm’s Miami DUI lawyer has more than 30 years of experience and has successfully challenged countless breath test results for his clients. 

Schedule your free consultation by calling Attorney Jonathan Blecher today!

Questions to Ask Before You Select a DUI Attorney

Whether you’re facing your first charge of drunk driving or your third, it can be frightening to consider the reality of a possible conviction. Your future hangs in the balance and penalties can severely hinder the freedom you’ve come to expect. So how do you stand a fighting chance against a DUI conviction? It’s all about selecting the right attorney.

Choosing a DUI attorney is crucial to the outcome of your case. In order to make the best decision and to feel confident in your choice, it is imperative that you ask informative questions before hiring a lawyer. The following questions are a great place to start in your quest for legal representation.

How much of your practice is devoted to DUI defense?

The fewer practice areas an attorney has, the more they’re able to hone their skill on those specific areas. An attorney who focuses solely on DUI defense is better equipped to take on your case and likely possesses a greater understanding of DUI law.

Are you familiar with the breath test machine used in Florida?

It has become quite apparent over the years that breathalyzers are not as foolproof as they used to be. Your lawyer should be able to understand the science behind breath test machines and the errors often associated with the results.

What is your success rate at trial?

Find out about the attorney’s past experience at trial, what results they’ve secured for other clients, and how many of their clients plead guilty. These factors will have a big influence on your case and can give you a better idea of what you could expect with their representation.

Will you be the lawyer handling the entirety of my case?

The last thing you want is for your case to be passed off to a paralegal or another attorney altogether. Make sure that the attorney you are consulting with is the attorney who will be handling your case, regardless of the size of their firm.
With so much on the line, choosing the right attorney can be intimidating. Miami DUI Attorney Jonathan Blecher understands this and wants to simplify the process for you. I have more than 30 years of experience and am devoted to DUI defense. Schedule your free consultation today to find out more.

What is the Difference in Penalties Between a DUI & a Commercial Driver’s License DUI?

A conviction for drunk driving is serious anyway you look at it. Unfortunately for individuals with a commercial driver’s license (CDL), a DUI conviction can be infinitely more devastating. Hundreds of individuals are arrested for drunk driving in Florida each year and penalties are severe to deter offenders from committing the same crime twice.

It is helpful to understand the difference between a regular DUI and a commercial driver’s license DUI. Although similar, the penalties can have different effects depending on the individual who is convicted.

What penalties could I face for a regular DUI?

Drivers with a regular license can be arrested for drunk driving if their blood alcohol content (BAC) is at or above 0.08 percent. Police officers can test BAC by administering a breath, blood, or urine test. Every person is different, so it is difficult to say how many drinks will put you over the legal limit.

If convicted of a first-offense DUI, you could face the following penalties:

• Up to nine months in jail
• Up to $1,000 in fines
• License suspension for up to one year
• Mandatory interlock ignition device
• And, more

Refusing to take a chemical test can result in additional penalties. Drivers may lose their license automatically for one year for a first-offense and up to 18 months for a second or third.

What penalties could I face for a CDL-DUI?

Individuals with a commercial driver’s license who are operating a commercial motor vehicle can be charged with DUI if they have a BAC of 0.04 percent or higher..

Convicted offenders will have their CDL suspended and be banned from operating a commercial vehicle for at least one year, in addition to regular DUI penalties. They are also unable to apply for a hardship CDL license. When the driver becomes eligible again, they are required to pay a reinstatement fee before gaining the ability to drive.

DUI penalties for both regular drivers and commercial drivers cannot be ignored. If you possess a CDL and are facing a DUI conviction, don’t take any chances! Contact my firm to speak with a Miami DUI lawyer for CDL with more than 30 years of experience! 

What Does DUI or Driving Under the Influence Mean?

There are many dangers associated with the act of driving under the influence (DUI). In addition to the dangers of causing an accident or suffering injury, the driver can face criminal penalties. Not all drivers who have been charged for drunk driving, however, are actually guilty. At Jonathan Blecher, P.A., I offer my experienced representation to help defend individuals charged with DUI.

DUI stands for driving under the influence, which is the term that the state of Florida uses to explain the crime of driving while intoxicated with alcohol or drugs. Any driver who is suspected of being in physical control of the vehicle can be charged with DUI under the state’s statute § 316.193.

There are different ways that “impaired” driving can be proven. If you have a blood alcohol content level of 0.08% or higher, prosecution will have a solid case against you. Other methods, such as field sobriety tests, can be used as tools against you by prosecution to prove your guilt. These, however, can be defended with a knowledgeable Miami DUI attorney who understands the state's DUI laws.

What is the impact of a DUI conviction on my life?

Drinking and driving is seen as a dangerous crime, and for that reason, the penalties carry a high degree of intensity. The state of Florida carries extensive penalties for individuals charged with DUI that can affect the alleged offender’s driving ability, job, and family. Even for just a first-time offense, the state imposes certain mandatory penalties for those who are convicted.

With the life-changing penalties that you can experience with a conviction, you do not want to risk a guilty plea. You will need to establish a strong defense method with the assistance of a knowledgeable attorney by your side. Contact my firm right away so that I can begin building a workable solution for your particular case. I am here to defend your rights and protect your future!