To be arrested for DUI the police have to have evidence that you were driving while over the legal limit. This is most commonly shown by breath test results from a breathalyzer given at the traffic stop. It is not hard to have a result that shows your BAC over the legal limit, and many times even just a few drinks can put you at risk. If you are pulled over and “flunk” the breath test it might seem like the case is open and shut. But there are defenses you can raise, and we can help.
A DUI charge can be filed in Florida if your BAC is over 0.08%. If you are found guilty of the charge you might lose your right to drive and have harmful points added to your driving record. Three ways you can “flunk” your breath test include:
- Consuming too much alcohol in too short a time period, which will cause your BAC to rise faster. While a lot of people employ tactics such as counting drinks or eating in between drinks, these are not fool proof methods of keeping your BAC from rising. The only true way to keep your BAC under the legal limit is to limit or eliminate your alcoholic intake.
- Taking prescription medication that interacts badly with alcohol. There are some cases where the driver is not legally drunk, but the existence of other substances in their system gives off a false positive when the breath test is administered.
- Participating in a breath test when the equipment being used is not functioning properly, or has not been maintained properly.
In any of these instances you can challenge the results of the breath test. If you are able to establish another cause for the end test result you have a chance of getting the charges against you dismissed or possibly reduced. We know what to look for when attacking the breath test results, and offer aggressive defense to DUI and traffic charges. Our team of DUI defense attorneys are experienced in identifying which pieces of evidence help you most, and presenting that information to the Court and other administrative officials. We can help you you’re your license or obtain a provisional driver’s license. Call us today to find out more.
If you have questions about DUI defense, call our office for answers. Call an experienced criminal defense attorney in Stuart and the Treasure Coast. Your first visit is a free initial consultation.