About the Breath Test
An individual who is arrested for
DUI in Tampa, Florida will be asked to submit to a chemical test, most often
a breath test, to determine their
blood alcohol concentration (BAC). Also referred to as a breathalyzer test, the breath test is administered
using a device called the Intoxilyzer 8000. This machine measures the
concentration of alcohol deep within the driver's lungs and uses a
formula to then determine the amount of alcohol in the driver's blood.
There is no way to determine with complete accuracy the driver's BAC
by taking a breath sample. The possibility of skewed test results is increased
even further in the presence of an improperly administered test. If you
took a breath test after an arrest and had a result of 0.08 percent or
greater, this does not mean that you should or will be convicted of DUI.
Challenging the Evidence of a Breath Test in Tampa, FL
Let Thomas & Paulk help you fight your charges to avoid a conviction.
With our experience in criminal defense representation and our commitment
to our clients, we are confident in our ability to help you challenge
your charges. Defense against DUI conviction using the results of a BAC
result includes a degree of scrutiny on a number of levels.
A DUI attorney on the case will examine the device used and the results.
Factors that may contribute to the credit of that evidence include whether
the test was administered correctly, whether it was administered by a
trained professional and whether the device was calibrated in accordance
to state regulations and standards. Other factors that can affect how
the test results are view in court involve the actual defendant during
the time of the arrest.
The activities of the individual in question may weigh on the results if
their nature was such to magnify the existence of alcohol in the bloodstream
as shown by the test. Recent dental work and the use of dentures can contribute
to the presence of "mouth alcohol", a common mistake made through
the use of breath tests. It is the duty of the officer to determine that
the subject of the test fits the required criteria and is a good candidate
for accurate results. The officer is also required to observe the subject
for 20 minutes prior to conducting a breath test. It is their responsibility
to make sure the device is properly calibrated and that the test is conducted
in a manner to encourage accurate results.
If the officer failed in this duty, a DUI attorney can argue to have the
results removed as evidence in the trial. To learn more about the possible
defenses against seemingly incriminatory breath test results,
contact Thomas & Paulk, P.A. Our legal team has years of experience in the area of DUI defense and
knowledge behind the science and function of the breathalyzer test devices.
We can provide you with a capable
DUI attorney in Tampa to argue for your defense and help you achieve the best possible outcome
in your case.
Refusal of a Breath Test in Florida
In the state of Florida, if you accept driving privileges you are also,
by law, giving your consent to submit to an approved chemical or physical
test. This may be administered should you be lawfully arrested when a
law enforcement officer has reason to believe that you have been driving
under the influence of alcohol. Per Florida Statutes §316.1932, the
chemical or physical tests must be done following a lawful arrest and
does not preclude the administration of another form of testing. Should
you refuse to submit to this test, you will be facing automatic penalties
driver's license suspension.
Per Florida Statutes §316.1939, if you have been lawfully arrested
for DUI and were informed that refusal to submit to such a test will result
in license suspension, will be facing a misdemeanor. For a first time
refusal, the license suspension will last for one calendar year. If you
refuse the test and have done so before, you will be facing an 18 month
suspension. The refusal to submit to a breath test is also admissible
into any future criminal proceedings.
By getting the involvement of our Tampa DUI lawyers, can you take the necessary
steps to fight for your future. We have over 20 years of aggregate experience
and have handled 7,000+ criminal cases. Contact us today to learn how
we can put that to work for you.