Faulty Breathalyzers Affect Miami DUI Cases

May 12, 2011

Authorities in California are reviewing hundreds of DUI arrests made by San Jose police because of a defect in the manufacturing of the devices, the San Jose Mercury News reports.

Fort Lauderdale DUI defense attorneys have been fighting breathalyzer and other DUI-related issues for decades. Breathalyzers and other drunken driving testing and devices used by law enforcement are often faulty or officers themselves aren't trained in using them, leading to the possibility of a Beating a DUI charge in Fort Lauderdale.
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The Santa Clara County District Attorney's Office said recently it would review the cases of 865 DUI suspects because San Jose police officers use the Alco-Sensor V breathalyzer as part of their field sobriety testing of drivers they believe to be intoxicated. Although the devices aren't usually used as evidence in court, the problems could lead to hundreds of acquittals.

According to the article, the devices may have shown incorrect readings because of a manufacturer's error that can cause condensation to build up in the tube. This means that many people who weren't intoxicated were arrested based on faulty test results. It could also mean there are hundreds of people who have already entered guilty pleas and served punishment for a crime they may not be guilty of committing.

This story shows the importance of consulting with an aggressive Broward DUI attorney before agreeing to a guilty plea or a resolution that may be unnecessary, depending on the facts of the case. The DUI penalties in Florida can be steep and a strong defense, including aggressive cross examination of witnesses, pre-trial motions and other avenues within the law can be beneficial to your defense.

DUI in Broward County is a serious crime that not only can carry with it an embarrassing stigma, but also can affect your future if your rights aren't properly conserved. A DUI arrest can cause you to have to pay fees and fines as well as possibly incarceration. Don't try to defend yourself.

Fort Lauderdale DUI Attorney Carlos Canet is an aggressive and experienced drunk driving defense attorney, representing clients facing DUI charges in Fort Lauderdale, Miami and West Palm Beach. Call 866-7ASKDUI to discuss your rights.