Most DUI arrests are made after a driver “fails” a breath test. This means the driver has taken a breath test, and the results show more alcohol in their system that what the law allows. Florida’s threshold figure is 0.08%, so if you register a BAC over that amount you can be arrested and charged with DUI. Breath tests are scientific test, and thus subject to scientific scrutiny. There are also other challenges you can make to a test’s results, which may or may not require introduction of highly technical scientific evidence.
Here are three interesting facts about how a breath test works in a DUI case:
- The officer has to observe you for a full 20 minutes before the test is administered. If this timeframe is not followed, the test results may not be valid. And if you are able to prove that your test was not administered properly and thus the results invalid, you might be able to get the charges against you dismissed. If you are not successful in getting a full dismissal of the charges, there is a good chance you will be able to have the charges reduced.
- You have to blow a certain amount in order for the test to get an accurate read. A minimum of 1.1 liters of breath is needed for most machines to put out a reliable result. If you blow less than this amount, your test results may not be accurate.
- Most machines are set to default for the lung capacity of males, which means females and those with smaller frames are at a disadvantage. This type of error can result in a false positive.
There are other ways to challenge breath test results, and we can help pinpoint those ways by taking a good hard look at your case. Our experienced team of DUI defense attorneys knows where to look, what to look for, and how to use the data gathered to your benefit. If you have been charged with DUI, call us today for help. We take an individualized approach to your case, so the defense fits the facts.
For help with questions about DUI’s, call a competent criminal defense attorney in Stuart and the Treasure Coast for help. We offer representation for a wide range of offenses, call us to schedule an appointment.