The way most DUI charges are filed is by “failing” a field sobriety test. This is because without proof that you are driving while intoxicated the authorities have no evidence to make a DUI charge “stick”. The most common field sobriety test is the breath test, which requires a driver to blow into a device that gives a readout of the level of alcohol in the person’s blood stream. When the result shows a level of 0.08% or higher, the police can write a ticket for DUI an arrest you.

It might seem like this type of scientific proof is impossible to overcome, but that is not always the case. In many DUI cases, the test results are unreliable. When that happens the charges should not be maintained, and the case against you dropped. In other cases, you can negotiate for a term of probation in exchange for a reduction in the charge upon successful completion of the probationary term. These three things can contribute to an invalid test result, and be used as part of your defense:

  • Breath tests must be administered according to certain rules and procedures, if the person giving the test fails to follow these rules and procedure the test results should not come into play.
  • The machinery used to administer breath tests is also subject to proper maintenance. If there is a misstep in performing this maintenance, the machine may not be a reliable source of your BAC.
  • Other substances can give off a false positive, such as certain prescription medications.

If you have been arrested for DUI, attacking the validity of the test results can be key. In order to develop a successful defense, a thorough investigation into the stop and how the test was given is required. Our DUI defense attorneys have experience identifying factors that are helpful to your defense, and negotiating for terms of punishment that are doable. We take an individual approach to every case, and make sure the defense strategy used in your case fits the facts. Call our office today to find out what type of defense is likely to work for you, and what you can expect if you have been arrested for DUI.


For more information about DUI cases, call an experienced defense attorney in Stuart and the Treasure Coast. We work with you to tailor a defense that fits the specific facts of your case. We offer an initial consultation for no charge, and look forward to helping you resolve your case in a satisfactory way.