DUI – Overview
DUI – Laws
DUI – Penalties
DUI - Refusal to Submit to Testing
DUI – Defenses
DUI – Automatic License Suspension
DUI - Reinstatement of License
DUI – Field Sobriety Exercises (“tests”)
DUI – Breath Tests and Breathalyzer
DUI – Blood and Urine Tests
DUI - How to Calculate Blood Alcohol Content

Breath Tests and the Breathalyzer

When charged with a DUI a major component of the prosecution’s case will be results of any “breath test” taken. Breath tests are conducted using a “breathalyzer” machine. A breathalyzer purports to measure blood alcohol concentration (BAC), however unlike testing a blood sample can often give an inaccurate and incorrect result.
 
“Breath Tests” and the machines and state employees that are used to conduct these tests are often successfully challenged in Florida. The breath tests in your DUI case may be excluded from evidence and your DUI case may be dismissed depending on the outcome of a challenge to the validity of these breath tests.

Fighting the Breath Test and the Breathalyzer

Breath tests have been successfully challenged on the following grounds:

1. Failure to properly maintain the breath machine;
2. Improper modifications, certification or calibration;
3. Non-approved machine setup;
4. Damage do due solvent exposure;
5. Incorrect reading due to hiccups or burps during the twenty minute observation period;
6. Failure to account for burping or belching immediately prior to the breath test;
7. Failure to inform you that your license may be suspended if you refused to take the breath test;
8. Failure to inform you of the option to refuse the breath test;
9. Incorrect reading from an incorrect blow ~ did you keep blowing or did you blow numerous times to get a breath reading?;
10. Failure to observe you for 20 minutes prior to the breath test as required by law;
11. Operator not certified to give the test;
12. Failure to detect the presence of alcohol in your mouth during the test;
13. Failure to take into account a person’s diabetes or other illnesses that may affect the breath test.

So even if you blew into the breathalyzer machine a good defense consists of showing that such tests are unreliable. Challenges can be based not only on the testing procedures themselves being shown to be insufficient or improperly administered, but any constitutional challenge to your stop or arrest that is successful will also result in a suppression of the breath tests.

Breath Test refusal

There are many people who choose not to take the breath test and often times this refusal may not be admissible in court. Refusing to take the breath test is criminal offense punishable as provided in Florida Statute 316.1939. However, Florida law provides that you must be advised of the consequences of a breath test refusal. People refuse the breath test for a variety of reasons:

You were treated unfairly

You did not trust the breath test machine

You were physically unable to submit to the breath test

You requested a different type of test

You were denied access to an attorney

**Disclaimer: The information on this page should be used as a reference only and is not intended to be legal advice. Florida criminal law is continually changing therefore some of the provisions contained here may be out of date. It is always best to consult an Orlando criminal defense attorney about your legal rights and responsibilities regarding your particular case.**

A complete listing of all Florida Statutes can be found at: http://www.leg.state.fl.us/Statutes

Consult With an Experienced Orlando DUI Attorney

The facts of every DUI case are different and if convicted you could face jail or prison time. Because of this and other complexities in handling these types of cases, it is vitally important that you obtain representation from an Orlando DUI lawyer experienced in defending, not prosecuting these types of crimes.

If you have been arrested and charged with a DUI or other criminal offense contact Orlando DUI attorney Will Corzo or Sam Kohrs. Call toll free 877-99CK-LAW for a free consultation and explanation of your rights.