When most people hear the words “breath test,” they think the case is over. A machine printed a number, the officer wrote it down, and that must be the truth. In our Myth vs Reality video, we talk about why that belief can be dangerous for anyone facing a DUI charge in Florida.
We recorded this video to pull back the curtain on how breath test machines really work in DUI cases and how we challenge those numbers in court. If you or someone you care about has ever wondered whether a high breath score means you have no options, this story matters.
Why this Myth vs Reality video matters now
Breath test results often drive a DUI case. Prosecutors lean on those numbers. Jurors tend to trust them. Many people assume they have no defense once a machine reports a high result.
In the video, we address that assumption head on. We talk about how breath test results may not match what actually happened in your body. We also show how we explain those flaws to a jury in clear, simple terms. That approach reflects how we handle DUI cases at Katz & Phillips today: we dig into the details, question the evidence, and give people a clearer view of their options.
A key line that changes how you see the breath test
Early in the video, you hear this straightforward statement:
“One of the key pieces of evidence that the state tries to use in DUI cases is the results of a breath test. Breath test results are often believed by the jury, but the breath test machines don't work.”
That line sets the tone. We are not talking about a minor technical glitch. We are talking about a tool that many people treat like a truth machine, even though it rests on shaky assumptions.
The video walks through those assumptions. We talk about how the state uses breath tests, why juries often trust them, and how we push back with science and logic instead of fear or guesswork.
The moment that makes most viewers sit up and listen
One of the most striking parts of the video comes when we explain how far off a reported result might be. We say:
“We can show juries how the results of the breath test machine that it reported as maybe as high, as a 0.18, could in actuality be as low as a 0.04 or lower.”
That single example flips the usual story. A 0.18 sounds terrible to most jurors. A 0.04 falls below the legal limit. The same test, viewed through the right scientific lens, can look completely different.
In the video, we do not claim that every case drops from 0.18 to 0.04. Instead, we show that breath testing involves assumptions and margins of error at every step. When we walk a jury through those steps, the number on the printout no longer tells the whole story.
How we break down the science in plain English
The Myth vs Reality video focuses on one simple idea: numbers mean nothing without context. To make that clear, we point out two key issues with breath testing.
First, we explain margins of error. Breath machines can give inflated results. Even if the state follows its usual process, your true alcohol level may fall outside the number the machine prints. We talk in the video about how we teach juries to see that margin and why they should care.
Second, we talk about body temperature. As we say in the video:
“Breath testing assumes that your body temperature is 34°C. That's also been proven not to be true. And so breath test results are inherently overstated by the machines used in Florida.”
Most people have never heard that detail. The machine does not check your actual temperature. It just assumes a fixed number. If your real temperature differs, the machine can exaggerate the result. In the video, we explain that concept in everyday language so viewers can follow the logic, not just the jargon.
What this says about how we defend DUI cases
This Myth vs Reality story does more than expose flaws in a device. It shows how we think and work at Katz & Phillips.
We draw on over 50 years of combined criminal defense experience from our founding attorneys, James D. Phillips and David S. Katz. They are among only four attorneys in Florida recognized as Board Certified in DUI Defense. That certification reflects deep training in DUI law and the science behind it, including breath testing.
In the video, you see the result of that background in action. We do not accept a breath number at face value. We look at how the officer used the machine, what assumptions the machine made, and how small changes at each stage can add up. Then we turn that analysis into a clear, step-by-step story that jurors can follow.
The same mindset guides how we handle real cases. We develop custom responses based on the specific facts instead of relying on a one-size-fits-all script. That applies whether someone faces a DUI, boating under the influence, an underage arrest, or an assault charge under Florida law.
Why the video still matters for drivers in Florida today
Law enforcement in Florida still relies heavily on breath tests. Prosecutors still treat those numbers as strong evidence. Jurors still walk into the courtroom thinking the machine must be right.
That makes the message in this video just as urgent today as when we recorded it. If you ever face a DUI accusation, you may feel that the breath score has already decided your future. The video shows why that belief can be misleading and how a careful legal review can uncover a very different picture.
We also know that many people worry about how to pay for a defense. At Katz & Phillips, we now offer financing with no credit check for anyone who wants to hire us. That option helps people get legal guidance without adding a credit barrier on top of an already stressful situation.
What to watch for when you hit play
When you watch the Myth vs Reality video, pay attention to three points:
- The opening contrast between what the state wants juries to believe and what the machines actually do.
- The explanation of margins of error and body temperature assumptions, and how those details can shift the meaning of a breath result.
- The example of a reported 0.18 that could be as low as 0.04 or lower when you apply proper scientific analysis.
Those moments show how we approach evidence in DUI cases: we question, we test, and we explain. We do not let a single number drown out the rest of the facts.
What this could mean for you
If you or someone close to you faces a DUI charge, you may feel overwhelmed by that breath test result. After watching the video, we invite you to ask yourself a few questions:
- Did the machine rely on hidden assumptions that no one has explained to you?
- Has anyone walked you through how margins of error might affect your reported number?
- Do you understand how the state plans to present that breath test to a jury and how a defense attorney might respond?
If the answer to any of these questions is “no,” you are not alone. Many people never hear this side of the story until they speak with a DUI defense attorney.
Next steps if you have questions about a breath test
The Myth vs Reality video offers a brief window into how we at Katz & Phillips approach DUI breath evidence in Florida. It shows our focus on careful analysis, clear explanations, and case-by-case strategies.
If a recent arrest, indictment, or request for a police interview has left you worried about a breath test result, consider this video a starting point. Then, if you want to talk about how these issues might apply to your situation, you can reach Katz & Phillips at (321) 425-8961. We can help you understand your rights and the options that may be available in your specific case.
