Fort Lauderdale Breath Machine Not Properly Operated Attorney
Under Florida law, and the manufacturer’s instructions, any technician administering a breath test must follow proper procedure when doing so. Breath alcohol technicians (BATs) often deviate from these protocols, which then compromises the results of the breath test. There are many ways in which these deviations occur and sometimes, BATs do it simply to strengthen their case against the defendant. Below, our Fort Lauderdale breath machine not properly operated attorney explains the defenses that can prove your test was not administered correctly.
Improper Calibration Can Result in Breath Machine Not Properly Operated
Breathalyzers may look like fairly simple devices, but they are not. They are very intricate machines that require regular calibration. Properly calibrating a device means to use the machine under specific and known situations to determine if it is providing accurate results. It is an important step in the process, but it is not always an easy one.
A Fort Lauderdale breath machine not properly operated attorney will determine which machine was used to administer the test, the recommendations from the manufacturer, and the maintenance records on the machine to prove it was not properly calibrated. A breath machine that is not properly calibrated will not give accurate results, which can provide a strong defense in a DUI case.
Incorrect Chemical Solutions Can Result in Breath Machine Not Properly Operated
Breath test machines require chemical solutions to properly work. These solutions must include the right ingredients, and in the proper measurements, in order for the breath test to work properly. Police departments often use expired solutions or chemicals that have become contaminated, which means the breath machine cannot be operated properly. When this is the case, the results can be challenged and thrown out so they cannot be used against you.
Inappropriate Modifications Can Result in Breath Machine Not Properly Operated
Police departments sometimes modify their breath machines, particularly when they are experiencing issues with them and want to fix the problem. However, when breath machines are experiencing problems, they must be professionally inspected and repaired. Homemade solutions must never be used to solve the problem. When they are, it will result in the breath machine not properly working, which will result in inaccurate results.
Faulty Programming Can Result in Breath Machine Not Properly Operated
Breath machines are comprised of both hardware and software, and both are critical to ensure the device operates properly. A defect in either the hardware or software will result in inaccurate results that can be challenged in court. Determining that part of a breath machine was defective and therefore not operating properly is incredibly difficult. A DUI defense attorney can help you prove this element of your case.
A Breath Machine Not Properly Operated Attorney in Fort Lauderdale Can Provide the Defense You Need
At Meldon Law, our Fort Lauderdale breath machine not properly operated attorney can prove the device used in your case did not provide accurate results to give you the best chance of beating the charges. Call us today at 800-373-8000 or contact us online to schedule a free consultation and to learn more about how we can help.