If you are pulled over for possible DUI, the only way the officer can conclude if you are over the legal limit is by conducting a field sobriety test. The most popular test conducted is the breath test, which requires a driver to blow into a machine that will provide a reading of the level of alcohol in their bloodstream. Challenges to these results are common defenses to DUI charges, and can be quite effective.
Finding reasons to attack the breath test results takes a careful review of the facts, and a growing method of challenging test results lies within the Administrative Code. Here are three things to know about breath tests, as they relate to state requirements for registration:
- Each machine must be registered within the state, prior to being used for testing.
- A Florida Department of Law Enforcement department inspector must be the one doing the registration.
- A number of machines have been registered by a person that is not employed as a department inspector.
Pointing out the failure to follow the rules in place for registration may provide a viable defense to DUI charges. Along with questioning the calibration of the equipment, and investigating whether the testing procedures were properly followed, showing that the registration was improper provides an additional defense. This course of action is relatively new, and it remains to be seen how Judges across the state will view this defense. If you have questions about possible DUI defense tactics, call our office.
If you have been arrested for DUI, call our office to learn your options. Schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. Your first visit is a free initial consultation.