Despite High Breath Test Results, Thomas & Paulk Get DUI Charges Reduced

Thomas & Paulk recently represented a client who was arrested for DUI after being stopped for an alleged traffic infraction. The Tampa police officer then preformed sobriety exercises and noted signs of impairment. Our client was placed under arrest and taken to jail, where she took a breath test and blew .205—it is illegal to drive with a BAC of .08 or above.

In defending a DUI case with a high breath result, it is important to review all evidence involved to determine if there is any reason those results may not be admissible in court. In this case, we reviewed the video of the traffic stop and determined that the reason stated for the stop did not match with the driving on the video. We then filed a motion to suppress evidence and the State agreed to drop the DUI to reckless driving in response.

Why You Should Always Hire a DUI Lawyer

Many times our Tampa lawyers are asked by potential clients if they should really hire an attorney for their DUI case because they feel their breath test results are too high to justify fighting the charges. We always encourage individuals to retain counsel—especially because our DUI attorneys are often able to obtain successful results on cases with high breath results. It is particularly important to have an experienced DUI lawyer review your case when you have a breath result above .15 because of the enhanced penalties involved. At the end of the day, rules of evidence are the same for all cases, regardless of the breath results.