Many times a DUI case involves a breath test result. Obviously, the officer asked you to take a breathalyzer test and you may or may not have taken it. However, if you did take the breath test, it’s important that we evaluate the instrument on which your breath test was taken. There are many things that the state must show were done with that instrument. That it was properly maintained and your breath sample was a valid sample. Just because the officer told you your blood level was over a .08, it doesn’t mean that there was not a problem with that instrument. So it’s important that you speak with an attorney who understands the breath instrument and can tell you whether or not your test is a valid sample.
Additionally, many times the breath test was taken an hour or maybe an hour in half after you were driving. Florida law requires that you not be above a .08 at the time of driving. However since your breath test may have been taken sometimes hours later it’s important that we evaluate that to determine whether or not your breath test was above or below the limit at the time you were driving. So, please give us a call. We will be happy to look at your evidence, look at your breath test results, discuss your case with you and tell you whether or not we think your breath results will be admissible in court.