To be arrested for DUI in Florida, a driver’s blood alcohol content must be over the legal limit. That limit is 0.08% and is most generally determined by administration of a breath test. But, before a breath test is given, there are other factors at play that an officer relies on when making the determination to require a driver to submit to a breath test. When taken together, the process of arresting someone for DUI involves a couple of tests, which can also give a defendant a couple of avenues of defense.

Two types of tests that are usually given during a DUI arrest include:

  • A field sobriety test, which can be a horizontal eye gaze test or a “walk the line” type of test. Depending on the officer’s perception of a driver’s performance during one of these field sobriety tests, a second test may be requested.
  • The next test given is usually a breath test and it is this test that will yield a result showing the level of alcohol in a driver’s bloodstream. When the level of alcohol exceeds the limit of 0.08%, an arrest for DUI can be made.

It is possible to refuse to submit to a breath test, but doing so can have harsh consequences such as loss of license. Because most people do not refuse the breath test, the approach taken to fighting a DUI generally comes down to identifying flaws in the breath testing procedure. It may be that the machine was not calibrated properly, has not been maintained as it should be that the person giving the test is not qualified or trained to do so, or that another substance is causing the test to give a false positive result. In order to pinpoint a flaw in the test itself or in the testing procedure, it is necessary to investigate the entire stop. We have experience helping people develop effective defense strategies, and can help you too. Call our office today to find out what to do if you have been arrested and charged with DUI, and what to expect during your case.


For more information about DUI cases, call our office today. 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.