Can You Defend Against a Failed DUI Breath Test in Fort Lauderdale?
If you’ve been arrested for DUI in Fort Lauderdale or anywhere in South Florida, you may feel like a failed breathalyzer test is the end of the road — but it’s not. Breath test results can be challenged, and with the right defense strategy, you may be able to reduce or dismiss the charges against you.
⚖️ Understanding Breathalyzer Tests in Florida DUI Cases
When police suspect you of driving under the influence, they may ask you to submit to a breath test. This device measures your blood alcohol content (BAC). In Florida, a BAC of 0.08% or higher is considered over the legal limit.
In Florida, a DUI conviction means you were found guilty of operating a vehicle with a BAC of 0.08% or higher, or while impaired by drugs or alcohol.
While the law treats breathalyzer results as evidence, that evidence is not always accurate. Factors like machine error, improper calibration, or operator mistakes may render the results unreliable.
🚨 DUI Arrest Statistics in Florida
According to the Florida Department of Law Enforcement (FDLE), there were over 29,000 DUI arrests statewide in 2023. In Broward County alone, which includes Fort Lauderdale, there were approximately 2,200 DUI arrests, many involving breathalyzer-based evidence.
❌ Can You Fail a Breath Test and Still Beat the DUI Charge?
Yes. Failing a breath test does not mean an automatic conviction. Your attorney may be able to file a motion to suppress the breathalyzer evidence if it was improperly administered or the machine was not functioning correctly.
Common defense strategies include:
- Challenging the accuracy or calibration of the device
- Proving that the officer was not properly trained
- Questioning whether you were actually in physical control of the vehicle
- Showing that certain products (like mouthwash or medication) caused a false reading
- Identifying a software or mechanical error in the breath test machine
➡️ Related: Know Your Rights After a DUI Arrest
🔍 How Breath Tests Can Produce Inaccurate Results
Breathalyzer machines are sensitive and not immune to error. Inaccurate results may come from:
- Software glitches
- Operator error
- Calibration issues
- Contaminants in the mouth (mouthwash, breath spray, etc.)
- Medical conditions (acid reflux, diabetes)
Because of these variables, DUI breath test results are not infallible. An experienced DUI attorney can analyze how the test was conducted and whether it meets legal standards.
📉 What Are the Penalties for DUI in Florida?
In Florida, the penalties for DUI depend on your BAC, prior offenses, and whether aggravating factors are present (such as a crash or child passenger).
| Offense | Jail Time | Fine | Notes |
|---|---|---|---|
| 1st Offense | Up to 6 months | $500–$1,000 | Enhanced if BAC ≥ 0.15 |
| 2nd Offense | Up to 9 months | $1,000–$2,000 | Enhanced if within 5 years |
| 3rd Offense (within 10 years) | Felony | Up to 5 years | Third-degree felony |
| 4th Offense or More | Felony | Up to 5 years | Third-degree felony |
➡️ Related: License Suspension After a DUI
📞 Failed a Breathalyzer in Fort Lauderdale? You Still Have Options.
A failed breath test doesn’t mean you’re guilty. It means the state has evidence — not proof. At Michael White, P.A., we help clients throughout Fort Lauderdale, Broward County, and South Florida challenge DUI charges using every available legal strategy.
✅ Former prosecutor who knows how DUI cases are built
✅ Personalized defense strategies
✅ Hundreds of DUI cases handled across South Florida
📞 Call (954) 270-0769 now or contact us online to schedule a free consultation with an experienced DUI attorney in Fort Lauderdale.
💬 Frequently Asked Questions
Can I be convicted if I fail a breath test in Florida?
Not necessarily. A failed test may be challenged based on machine error, improper procedure, or external factors.
Are breathalyzers always accurate?
No. Breath test machines can malfunction or be misused, and medical or environmental factors can lead to false positives.
What is the legal BAC limit in Florida?
The legal limit is 0.08%. A BAC at or above this level can lead to DUI charges.
Do I need a DUI lawyer if I failed a breath test?
Yes. DUI laws are complex, and a failed breath test doesn’t guarantee a conviction. A skilled DUI attorney can challenge the evidence.
