In order to be charged with DUI there must be some evidence that you were driving while your blood alcohol content was over the legal limit. There are a variety of ways for the State to prove your BAC was more than legally allowed and understanding how these tests works will help you to develop an effective defense strategy. The most common form of testing is the breath test, but there are others. A knowledgeable DUI defense attorney will be familiar with many different types of tests, and how to challenge the results so you have the best shot of reaching a favorable result.
The legal limit for DUI in Florida is 0.08. If your test results show a BAC over this amount, you can be charged with DUI. The three most common forms of testing for DUI include:
- Breath tests, also known as breathalyzers. The way this works is that if you are pulled over and the officer suspects you have been drinking, you will be asked to blow into the machine. The machine gives a readout which measures your BAC and if it is more than 0.08% you will likely be arrested and charged with DUI. But this test is not fail proof and there are instances where the result is unreliable. Attacking the testing procedure and questioning the proper mechanics of the testing equipment are common ways to challenge this type of test result.
- Blood tests, which are generally pretty accurate. This type of test requires you to allow blood to be drawn and tested and is most commonly given if you refuse the breath test.
- Urine tests, which are also considered to be more accurate than breath tests.
If you have been arrested for DUI it is essential that you contact an experienced defense attorney right away. You will need to make a request for review of the suspension of your license, and ask that you be given at least a limited right to drive. You will also want to make requests to investigate the test given to you, so any flaws in the administration of the test or in the testing equipment can be immediately identified. The faster you act the more evidence you will be able to gather for use in your defense, call one of our DUI defense attorneys today.
For help with DUI charges, call our office to speak with a qualified criminal defense attorney. We help people charged with all sorts of crimes in Stuart and the Treasure Coast. Call today to schedule an appointment.