Parks & Braxton, PA: Miami DUI Lawyer | Criminal Defense
BREATHALYZER TEST
DUI: BREATHALYZER TESTS
If you have been arrested for DUI in Fort Lauderdale, the officer will ask you to perform a breath, urine or blood test in order to determine your blood alcohol level and what your charges will be. As a licensed driver in the state of Florida, you are legally required to submit to this request. There will be consequences for refusing a test from a police officer, so it is wise to submit to the request.
One of the most common methods for determining a person’s blood alcohol content is through a breathalyzer machine. The police officer will ask you to blow air into the machine and you will probably be charged with a DUI if your BAC is higher than the legal limit of 0.08%. Unfortunately, there are many things that can affect their accuracy and it is important to recognize that the BAC level from a breath test is not a true representation of the subject’s BAC while they were driving. If you were charged based on a breathalyzer test, you are still entitled to legal defense.
One of the most common methods for determining a person’s blood alcohol content is through a breathalyzer machine. The police officer will ask you to blow air into the machine and you will probably be charged with a DUI if your BAC is higher than the legal limit of 0.08%. Unfortunately, there are many things that can affect their accuracy and it is important to recognize that the BAC level from a breath test is not a true representation of the subject’s BAC while they were driving. If you were charged based on a breathalyzer test, you are still entitled to legal defense.
Effectively Challenging Breathalyzer Tests in Fort Lauderdale
A talented Fort Lauderdale DUI attorney can provide you with the legal counsel you need to succeed in fighting your charges by compiling evidence to challenge your breath test.
Some common factors that can affect the accuracy of a test are:
If police cannot prove that their machine was functioning properly at the time of the breath test, then there is no evidence against you and you will likely not be convicted of a DUI. Some individuals with certain medical conditions also have abnormal chemicals present in their systems that can affect the accuracy of a test. These individuals may be diabetics, have acid reflux disease or be on a special diet. If a breathalyzer test was administered in a manner that was not proper police conduct then the test is not valid. This can only be proven if there are police tapes and evidence present from the time of the arrest. Many times these tapes are destroyed and where there is a lack of evidence, there can be no DUI conviction. Your breath test may have been illegally obtained or invalid if:
Some common factors that can affect the accuracy of a test are:
- The calibration of the machine
- Interfering chemicals in an individual
- Some diseases
- How the test was administered
- Environmental factors
If police cannot prove that their machine was functioning properly at the time of the breath test, then there is no evidence against you and you will likely not be convicted of a DUI. Some individuals with certain medical conditions also have abnormal chemicals present in their systems that can affect the accuracy of a test. These individuals may be diabetics, have acid reflux disease or be on a special diet. If a breathalyzer test was administered in a manner that was not proper police conduct then the test is not valid. This can only be proven if there are police tapes and evidence present from the time of the arrest. Many times these tapes are destroyed and where there is a lack of evidence, there can be no DUI conviction. Your breath test may have been illegally obtained or invalid if:
- The officer did not observe you for at least 20 minutes prior to taking the test
- The officer did not tell you to “keep blowing” while the test was being administered
- The officer had his or her radio on during the test
- You drank alcohol right before the test was administered
- Your body’s partition ratio is different than the average person’s
Contact a Fort Lauderdale DUI defense attorney!
Did you know there is more than one way to detect alcohol in the breath? There are actually three different kinds of breathalyzer devices that determine sobriety on different principles. Each device has a mouth piece in which you must blow into and the air then goes into a sample chamber where it is tested. At standard breathalyzer detects alcohol in the breath by evaluating a chemical reaction and looking for a color change in the air. Then there is a device referred to as the Intoxilyzer which identifies alcohol by using infrared spectroscopy technology. Lastly, there is the Alcosensor III or IV which detects a chemical reaction of alcohol in a fuel cell.
If you are convicted of a DUI because you blew a 0.08 or higher on a breathalyzer, you will have your license suspended for 6 months. Refusal to take a breathalyzer test can get your license suspended for up to a year and if this is the second time you have refused a breath test then you could lose your license for up to 18 months. Any of these things can happen if you are convicted. Our firm exists to see that you aren’t. We have successfully resolved thousands of cases, and we are truly dedicated to the art of defending a DUI case, so do not wait any longer to call our firm. We can take your phone call 24/7, and on nights, weekends and holidays. Contact our legal team today and schedule your free case evaluation!
If you are convicted of a DUI because you blew a 0.08 or higher on a breathalyzer, you will have your license suspended for 6 months. Refusal to take a breathalyzer test can get your license suspended for up to a year and if this is the second time you have refused a breath test then you could lose your license for up to 18 months. Any of these things can happen if you are convicted. Our firm exists to see that you aren’t. We have successfully resolved thousands of cases, and we are truly dedicated to the art of defending a DUI case, so do not wait any longer to call our firm. We can take your phone call 24/7, and on nights, weekends and holidays. Contact our legal team today and schedule your free case evaluation!
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