Can Anything Cause a BAC Reading to be Incorrect?

Absolutely. While many people assume that a Blood Alcohol Concentration (BAC) reading over 0.08% guarantees a DUI conviction, the truth is far more complicated. Numerous physiological, medical, and environmental factors can contribute to a falsely elevated BAC reading—especially when a breathalyzer test is used during a traffic stop. At McGRATH GIBSON LAW, our experienced Jacksonville DUI lawyers know how to challenge questionable BAC results and fight for reduced or dismissed DUI charges when appropriate.

These are some common factors that can cause inaccurate or misleading BAC readings, often overlooked during a DUI arrest:

Age: As we age, our body composition changes—particularly as muscle mass decreases and body fat increases. Since alcohol is water-soluble and not fat-soluble, older adults tend to retain more alcohol in their bloodstream due to reduced water content. As a result, an older person can register a higher BAC than a younger person after consuming the same amount of alcohol.

Weight: Body weight significantly impacts how alcohol is metabolized. A smaller individual will typically reach a higher BAC more quickly than someone who weighs significantly more, even if they consumed the same amount of alcohol. This natural variance can make it easier for lighter individuals to exceed Florida’s legal BAC limit of 0.08%.

Drinking on an Empty Stomach: While food does not reduce the alcohol in your system, it does slow the rate at which alcohol is absorbed into the bloodstream. Drinking on an empty stomach can result in rapid absorption, leading to a spike in BAC levels. A breath test administered shortly afterward may produce a reading that overestimates your true level of impairment.

Medications That Can Skew BAC Readings: Certain medications and substances can interfere with the accuracy of breathalyzer tests, leading to false positives:

• Asthma Inhalers (like Albuterol): Residue from inhaled medications can linger in the airways and produce artificially elevated BAC readings.
• Breath Sprays and Mouthwash: Many of these products contain high concentrations of alcohol. Using them shortly before a breath test can spike your results, even if your actual BAC is well below the legal limit.
• Cold and Flu Medications: Common over-the-counter remedies—such as cough syrups and cough drops—often contain alcohol and can cause misleading test results.

Recent Dental Work: Dental procedures or appliances can trap alcohol from rinses or medications in the mouth, leading to mouth alcohol contamination, which can affect breathalyzer results.

These are just a few examples of how BAC readings can be misinterpreted or influenced by non-alcoholic factors. If your BAC was just slightly over 0.08%, that difference of even 0.01% could mean the difference between a clean record and a criminal conviction.

If you’ve been arrested for DUI in Florida and believe your BAC reading may be inaccurate, don’t assume you’re guilty and don’t plead guilty at your bond hearing without first speaking with legal counsel. Our skilled Jacksonville DUI lawyers will examine every detail of your case—from the traffic stop and field sobriety tests to the calibration of the breathalyzer and the timing of the BAC reading.

Call McGRATH GIBSON LAW at (904) 358-3300. We are available 24/7. We’ll act quickly to evaluate your case and help you determine the best path forward. Remember, a DUI arrest doesn’t have to end in a conviction, especially when you have the right legal team in your corner.

Understanding The Bond Hearing

IMPORTANT: Whether or not you are held in jail following a DUI arrest, it is absolutely critical to retain experienced Jacksonville DUI lawyers immediately after processing. Your legal rights and future are at stake, and the decisions made during the earliest stages of your case, especially the bond hearing can significantly impact the outcome.

After arrest and booking, and once one of the three conditions above have been met, you will appear before a judge for what is supposed to be a bond hearing. The purpose of this hearing is to set a bond amount that must be paid for your release from custody.

However… some judges may attempt to bypass this important legal step by turning the bond hearing into an informal arraignment hearing. A judge may say something like, “You can be released right now without paying a bond if you’re willing to enter a plea of guilty.” This may sound tempting, especially if you’re anxious to be released and get home, but it’s a critical mistake that can negatively impact your case.

Florida law does not require a plea to be entered at the bond hearing. Pleas should only be entered at the arraignment hearing, after you’ve had a chance to consult with an attorney who can review your charges, evaluate the evidence, and determine the most strategic legal approach. Accepting a quick release in exchange for a guilty plea robs you of that opportunity and could result in a permanent criminal conviction, even if your case had potential defenses.

In many cases, especially if you have no prior criminal record and your BAC was only slightly over the legal limit of 0.08%, your bond may be set as low as $100. Even in more serious cases, the maximum bond amount for a first-time DUI in Florida is typically $3,000. With representation from experienced Jacksonville DUI lawyers, you may be able to avoid unnecessary detention without compromising your legal defense.

At McGRATH GIBSON LAW, our Jacksonville DUI lawyers are available 24/7 to represent clients at bond hearings and ensure their rights are protected from the start. We provide immediate legal guidance to help you avoid early missteps and begin building a strong defense from day one.

Do not plead guilty at your bond hearing. Contact our legal team at (904) 358-3300. We’ll help you understand your options and represent your best interests at every stage of your DUI case. Let us guide you through the process with confidence and experience on your side.

The Arraignment Hearing

If you did not plead guilty during your bond hearing, and you should not without first consulting an attorney, the next critical step in the legal process is your arraignment hearing. This is your first formal court appearance where you will be officially informed of the charges against you and asked to enter a plea. By this point, you should already be working with our experienced Jacksonville DUI lawyers from McGRATH GIBSON LAW, who will have begun formulating a personalized defense strategy based on the unique details of your arrest.

According to the Duval County Clerk of Courts, an arraignment is defined as:

“A court procedure in which a person accused of breaking the law pleads to the charge stated in a charging document (i.e., information, citation, etc.). The defendant is told of the charge and of his or her legal rights. The defendant is then asked to plead one of three ways: guilty, not guilty, or nolo contendere (no contest).”

Your plea options at the arraignment hearing are:

Pleading Guilty or No Contest: After carefully reviewing your case with our Jacksonville DUI lawyers, you may determine that entering a guilty or no contest, (nolo contendere) plea is the most strategic course of action, especially if it results in reduced penalties or if the evidence against you is overwhelming. If you choose this route, the judge will typically proceed directly to sentencing, where you will face Florida’s mandatory DUI penalties, which may include fines, license suspension, community service, DUI school, probation, or even jail time.

Pleading Not Guilty: If our attorneys find flaws in the arrest process, issues with breathalyzer accuracy, or a lack of probable cause, we may advise you to enter a not guilty plea. Doing so preserves your right to contest the charges in court and gives us the opportunity to further investigate, negotiate with the prosecutor, and, if necessary, prepare for trial. A future pre-trial hearing or trial date will then be scheduled, allowing us to pursue dismissal, a favorable plea deal, or a verdict in your favor.

Why You Should Never Go to Arraignment Alone

The arraignment hearing may seem straightforward, but it plays a crucial role in shaping the outcome of your DUI case. Without skilled legal representation, you risk making decisions that can lead to immediate and irreversible consequences. By working with our Jacksonville DUI lawyers from the very beginning, you ensure that your rights are protected and that you’re making informed decisions based on a thorough legal analysis of your case.

Whether you plan to fight the charges or consider entering a plea, having McGRATH GIBSON LAW by your side ensures that your next step is the right one.

If you or a loved one is facing DUI charges in Duval County or the surrounding areas, contact our Jacksonville DUI lawyers as soon as possible at (904) 358-3300. We are available 24/7 and are ready to defend your rights at every stage of the legal process.

Yes! If you’ve decided to fight your DUI charges and entered a not guilty plea at your arraignment hearing, our legal team will take immediate steps to build a powerful defense. From the start, our Jacksonville DUI lawyers will investigate the circumstances surrounding your arrest and work to uncover legal flaws or evidence that may convince the prosecutor to reduce the charges to a lesser offense such as reckless driving, or in some cases, dismiss the charges entirely.

How DUI Charges Are Reduced

There are many reasons why a prosecutor may be persuaded to reduce DUI charges, including:

• Unlawful or questionable traffic stop by law enforcement
• Dashcam or bodycam video that conflicts with the arresting officer’s report
• Inaccurate or improperly administered breathalyzer or field sobriety tests
• Lack of probable cause for the arrest
• Medical conditions or medications that could influence BAC readings
• Weak or unreliable witness testimony
• Violations of your constitutional rights during or after arrest

When our Jacksonville DUI lawyers present this type of evidence, it can make prosecutors second-guess their chances in court. Rather than risk a full acquittal in front of a jury, they may offer to reduce your charges to avoid a trial altogether.

Our Track Record of Success

At McGRATH GIBSON LAW, our Jacksonville DUI lawyers have successfully negotiated countless DUI cases resulting in charge reductions and dismissals. We work closely with clients to build tailored defense strategies that maximize the chance of avoiding a DUI conviction.

Don’t Wait, Call Us Now

If you or someone you care about has been arrested for DUI in Jacksonville, time is critical. Every day that passes is a lost opportunity to gather fresh evidence and gain leverage in your case. Contact our Jacksonville DUI lawyers as soon as possible at (904) 358-3300. We are available 24/7.

What Are The Fines and Penalties for a First Time DUI Conviction?

Florida mandatory sentencing requirements for DUI convictions are serious and involve potential jail time, fines and loss of driving privilege’s. For some professionals, a DUI conviction could lead to a loss or suspension of their professional license. The following minimum sentences apply to first time convictions. Penalties increase substantially for multiple convictions.

Fines:

• Not less than $500 or more than $1,000
• Not less than $1,000 or more than $2,000 if BAC was .15% or higher, or if there was a minor in the vehicle.

Imprisonment:

At the court’s discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program and credited toward the term of imprisonment.

• Imprisonment for up to 6 months.
• If BAC was .15% or higher, or if there was a minor in the vehicle, imprisonment for up to 9 months.

Impoundment or Immobilization of Vehicle:

• 10 Days (Unless the family of the defendant has no other transportation).

Drivers License Suspended:

Individuals convicted of a DUI, may have their drivers license reinstated for business or employment purposes. Must complete DUI school and apply to FLHSMV for hearing for possible hardship reinstatement.

• Minimum of 6 months – Maximum of 1 year (Without Bodily Injury).
• Minimum of 1 year for refusal to submit breath, blood or urine test.

Criminal Record:

In Florida, a DUI conviction will stay on your record for 75 years. And it cannot be sealed or expunged.