The breath test is the most common way police officers make a determination that a driver has had more to drink than is legally allowed before operating a vehicle. Once an officer observes a driving pattern that is indicative of drunk driving, the car can be pulled over the drive questioned. If the questioning leads the officer to believe the driver has had too much to drink, he or she can ask the driver to submit to a breath test. When the breath test results show an alcohol concentration in the driver’s system of 0.08% or more, a ticket and arrest for DUI can be written. This type of scenario makes it critical for every driver on Florida roadways to know a few things about… Continue reading
Unless you have a background in science you might be intimidated when trying to challenge the result of a scientific test. The methodology used and the scientific terms are often times difficult for the layperson to understand, let alone question. So if you have been charged with DUI after having “failed” a breath test, you might be thinking that there is little hope for a good defense. But the truth is breath tests are not as reliable as an arresting officer might have you believe, and successful challenges to the test results can be made in a large majority of cases.
Four common challenges to breath tests in DUI cases that just might work for your case include:
- Challenging the maintenance of the equipment. The equipment used to test the level of alcohol in your system has to be maintained a certain… Continue reading
Most DUI cases are filed after the police pull you over and have you submit to a breath test. The law implies that a breath test is the State’s right, because you have taken advantage of the laws that allow you to drive, so the State should be able to give you a breath test if an officer of the law believes one is appropriate. But taking a breath test after you have had too much to drink will almost surely show that your blood alcohol content is over the legal limit, so it is natural to wonder if you have choices. While you do have the right to refuse to take a breath test, knowing the possible outcome of doing so is good information.
Three possible consequences of refusing to take a breath test when pulled over for DUI include:
- Loss of… Continue reading
The large majority of DUI cases are filed as a result of a traffic stop that lead to a breath test, with the test result showing that the driver was over the legal limit. In Florida, the legal limit for the amount of alcohol in your system is 0.08%. This means that if the concentration of alcohol I your body is over that amount, you can be arrested and charged with DUI. When you get behind the wheel of a car, the law presupposes that you consent to being tested if you are pulled over. This is referred to as implied consent, and the reasoning being the rule is that by taking advantage of the state’s roadways, you agree to a test if pulled over on suspicion of DUI. But the truth is you can refuse the test. It is just… Continue reading
In order to be arrested for DUI the police have to have evidence the driver was driving while intoxicated. The most popular way to “prove” intoxication is to administer a breath test. The breath test measures the level of alcohol in your bloodstream, and reports it as a percentage. If the percentage is over what the law allows you can be given a ticket for DUI. In Florida, the legal limit is 0.08%. It might seem like having a scientific test that shows your BAC was more than 0.08% is foolproof evidence of your guilt, but you might be shocked at how often the results are unreliable. The key is to investigate the test itself and the procedures under which it was administered, to identify any flaws.
Not everyone is a good test taker. This concept does not only apply to written tests, given while seated at a desk in a schoolhouse. There are plenty of other types of tests, and the way you perform can have a dramatic impact on how you are viewed at work, within your circle of friends, or even in a Court of law. You may not know it, but many employers look at things other than your actual job performance when making decisions on promotions and raises. Articles on professional sites such as LinkedIn suggest that things like your choice of tie or where to have lunch have subliminal effects on whether you are considered for more responsibility or those jobs go to a co-worker. This sort of “test” is one that you are being subjected to without a pen or pencil in hand, and there… Continue reading
We have all taken tests before, mostly in school and when you are at least somewhat prepared. The way you perform on these tests depends on how much effort you put into studying and how well you can recall what you have read. Another test nearly everyone takes is their drivers test and passing this one is a big deal. There are not many sixteen year olds out there who don’t look forward to this test with anticipation, and a little anxiety. To prepare for your driver’s test you may have taken a driver’s education course and begged your parents to let you practice driving their car. Being able to drive is a freedom like no other, but it can be taken away if you are not careful.
Being charged with DUI means that you have been pulled over, asked to take a field sobriety and breath test, and that the test result showed the level of alcohol in your system was over the legal limit. The breath test is the most common way for police to determine if a driver is legally defined as “driving while impaired” and most people are under the impression they don’t have a choice when asked to submit to a breath test. This is because the law provides that by taking advantage of use of the state’s roadways you automatically consent to this type of test. The legal term is “implied consent” and it is gives rise to a lot of complex legal questions.
If you have been out drinking and get pulled over on your way home you might be wondering if you have to submit to a breath test. The answer is complex because technically you can refuse to take a breath test, but there are consequences. The most typical scenario is one where an officer pulls over a driver and the driver agrees to take a breath test. This is because Florida is an implied consent state, which means that by taking advantage of the roadways you have impliedly consented to the test if asked.
If a driver being stopped for possible DUI refuses to take a breath test, that refusal can later be used against the driver if another form of test reveals a BAC over the legal limit. Other test forms include a blood test, which is likely to happen… Continue reading
“Failing” a breath test is a sure fire way to get arrest for DUI. This type of test is the most commonly used method by police officers when making a traffic stop for suspected DUI. If a driver takes the breath test and the results show a BAC over the legal limit, the authorities are likely to make an arrest for DUI. A lot of people mistakenly believe these results are rock solid and cannot be successfully challenged. However, many DUI cases are favorably resolved by exposing a flaw in the test, which in turn leads to a finding that the results are unreliable. What all of this means for drivers charged with DUI is that they can and should challenge the test results