DUI Defense: Body Temperature Affects Breath Test Results
The higher the temperature of the body, and thus the breath, the higher the amount of ethanol that will diffuse into the breath. The higher the amount of ethanol, the higher the amount of BAC.
Human individuals normal body temperatures can vary several degrees centigrade in a given 24 hour period. The lowest temperature is in the early morning upon waking. The highest temperature is right before bed. Consider that most DUI arrests occur in the later hours, when an individual’s body temperature is going to be the highest. Also, consider that an individual’s body temperature may increase from 5-6 degrees because of fever when fighting off infections. Regardless, Florida breath test machines do not account for these differences in temperature. Yet a small deviation in human body temperature may be the difference in being under or over the “legal limit”.
Your DUI Attorney must understand that different body temperatures at different times may result in different breath test results. Accordingly, the reliability of your breath test result may be called into question sufficiently to allow your DUI lawyer to get a favorable disposition.
Contact a DUI Criminal Attorney at Denmon & Denmon Today
If you have been arrested or charged with a crime, contact Denmon & Denmon Trial Lawyers at 813-554-3232 (Hillsborough) or 727 -753-0049 (Pasco or Pinellas) to discuss your case. Ask to speak directly to an attorney.