In order to be arrested for DUI an officer must have proof that a driver was operating a motor vehicle while over the legal limit. This is most often done by having a driver step out of their car and submit to a field sobriety test. These tests can take many forms, including the “walk the line test”, the “eye gaze test”, or the “stand on one foot test”. If the officer believes a person is intoxicated after administering one of these types of tests, a breath test may follow and it is the breath test that will reveal whether the level of alcohol in a person’s bloodstream is over what is allowed by law.
DUI in Florida is legally defined as driving with a BAC (blood alcohol content) of 0.08% or more. As stated the BAC is determined by having a driver participate in a breath test, and sometimes the breath test is made a requirement when a field sobriety test indicates the likelihood the driver is driving over the limit. While a field sobriety test can give an officer a good idea of whether a driver is intoxicated, the one things it does not do is give a scientific result. If you have been charged with DUI based off of a breath test result, given after a standard field sobriety test, here are some common defenses:
- The test was not administered properly, or by a properly trained law enforcement official.
- The testing equipment has not been maintained properly, thus increasing the chance for a malfunction and unreliable result.
- Another substance or medical condition is the real culprit, and the cause for a positive test result.
In order to show the test result is not valid a careful investigation is in order. Our team of experienced DUI defense attorneys knows what questions to ask during this investigation, and where to focus its efforts. If you have been charged with DUI don’t waste time. Call our office today to find out what rights you have, and let us develop a defense strategy that works for you.
Allow an experienced criminal defense attorney in Stuart and the Treasure Coast to help you with your DUI case. Your first visit is a free initial consultation.