Determining the level of alcohol in your blood requires scientific testing. When you are pulled over the way this happens is by breath test. You can refuse the breath test, which is a little known fact, but will then be required to go to the police station and participate in a blood test. Because blood test results are slightly more difficult to attack, it is beneficial to know your options when challenging results of a breath test given at the time of the vehicle stop. A successful attack on breath test results might just mean dismissal of the case against you.

Florida statutes make it illegal to operate a vehicle with a BAC of 0.08% or more. Four effective challenges to the test results include:

  • Investigation of the equipment used for a determination as to whether the machine has been properly maintained and calibrated.
  • Questioning whether the person giving the test was properly trained and qualified to do so.
  • Even though you may prefer a breath test to a blood test, you should still be given the option. If you were not told you had a choice to not take the breath test, the results could be considered invalid.
  • The way in which you were required to blow into the machine should also be examined. Studies show results differ depending on whether you blow continuously, or with a series of short breaths.

If you are able to identify a flaw in the test procedure, or a problem with the equipment used, chances are you can have the results declared unreliable. Without proof of your BAC at the time of the incident, the case against you should not be allowed to proceed. However, the investigation in to the test itself is time sensitive and requires thorough legal analysis. If you have been charged with DUI, you should contact a DUI defense attorney immediately. We work hard to protect your rights and reach results that are satisfactory.


For more information about DUI defense strategies and the role played by the breath test, call our office. 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.