In order to be arrested for DUI the police have to have evidence the driver was driving while intoxicated. The most popular way to “prove” intoxication is to administer a breath test. The breath test measures the level of alcohol in your bloodstream, and reports it as a percentage. If the percentage is over what the law allows you can be given a ticket for DUI. In Florida, the legal limit is 0.08%. It might seem like having a scientific test that shows your BAC was more than 0.08% is foolproof evidence of your guilt, but you might be shocked at how often the results are unreliable. The key is to investigate the test itself and the procedures under which it was administered, to identify any flaws.
Three things to know about breath tests, and how the results impact a DUI case, include these factors:
- Every test has to be given properly, by following a set of rules and procedures. If the officer administering the test is not qualified to do so, or does not follow the rules, the results should not be used against you.
- There are other substances besides alcohol that can give off a reading showing the driver is “drunk”. Some prescription medicine, and even some over the counter remedies contain things that have some of the same properties as alcohol. It is not unheard of for these substances to interfere with the test and cause the result to be skewed.
- The machine used has to be properly maintained, again according to certain rules. If the maintenance is not done correctly, or has not been performed at all, the machine could malfunction. When the equipment used to test a driver’s BAC is not working as it should, the test result should not be relied upon as evidence of a person’s blood alcohol content.
It is always a good idea to attack the validity of a breath test result, but it has to be done properly. We have experience investigating DUI’s, from the initial stop to the breath test and beyond. If you have been stopped and arrested for DUI, let one of our DUI defense attorneys take a look at your case. We focus on the facts of your specific case rather than giving cookie cutter advice, and can help you fight these damaging charges as well as help you maintain your right to drive.
If you have been arrested for DUI, call our office for help. Contact us today schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. The first visit is a free initial consultation.