The most common way an officer makes a DUI arrest is after administering a breath test at a traffic stop. If the test result reveals a BAC over the legal limit, the police will cite you with DUI and make an arrest. Thereafter, you must defend this case as well as the administrative proceeding regarding your continued right to drive. To make sure you put forth the best defense to the criminal DUI charges, it is important to understand some basic information about the breath test process.

Florida statutes define DUI as operating a motor vehicle with a blood alcohol content of 0.08% or more. The questions you should ask when a breath test indicates your BAC is over the legal limit include:

● Was the machine properly calibrated, and has it been properly maintained when not in use?

● Was the test administered by a person authorized and certified to do so?

● Were you given the chance to not take the breath test?

● Were you asked to blow in short bursts, or a continuous stream of breath?

All of these factors contribute to the validity of the test results. When flaws in the testing procedure are discovered, they can be used to your advantage. Our goal is to identify weaknesses in the state’s case against you, and present those facts in clear and persuasive way to the Court. The more you know about the basics of the state’s case, the better you can help to prepare your case. Providing all the relevant information about your arrest to a skilled attorney is a critical first step in developing an effective defense to a DUI charge.


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.