Nearly every DUI arrest is the result of a driver “failing” a breath test. But, there are a lot of misconceptions about what makes a breath test valid, when a breath test can be refused and what the consequences are if you do refuse, and how to challenge the test’s results. All of these things are important when you defend a DUI, so it is critical to go over some basics and have a general understanding of what is required under the law.

Florida statutes define DUI as operating a motor vehicle while your blood alcohol content is at a level of 0.08% or more. If you have been arrested for DUI due to the breath test results, take a look at these four things to help determine if the test was valid:

  • The authorities are required to maintain the equipment when not in use, and to make sure that it is properly functioning and calibrated prior to use.
  • The officer giving the test must be trained and qualified to do so. Not every police officer has this knowledge, and this can lead to an improperly administered test. If a test is not given to a driver properly, the results are suspect.
  • Part of the proper administration of the test includes being notified of your right to refuse. Keep in mind, if you do refuse to take the test, the fact you did so can be used as evidence against you.
  • How were you asked to take the test, meaning were you asked to blow repeatedly or all at once? The way your breath enters the machine can impact the outcome, and if you were asked to perform the test in a way that is more likely to give the police a desired result, the test may not be valid.

Identifying a flaw in the testing procedure can lead to the results being inadmissible. Without proof of your blood alcohol content, the prosecution will likely be unable to maintain its case against you. For more information on breath testing procedures and validity, call our office to speak with a DUI defense attorney. We will give you the answers that you need in order to make a decision about how to proceed in the case filed against you.

If you have questions about DUI breath tests, call our office for answers. Schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. Your first visit is a free initial consultation.