Challenging the Evidence of a Breath Test

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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 DUI 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 Florida, if you accept driving privileges you are also giving your consent to submit to an approved chemical or physical test. This may be administered should you be lawfully arrested when an 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 - including 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.

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DUI Defense in Florida

At Thomas & Paulk, one of our primary focuses is on the defense of DUI charges. In fact, we are recognized throughout the Tampa area as one of the premier DUI defense law firms. Our team is well-versed in this area of the law and has a wide-expanse of experience in helping our clients fight against such charges.

It doesn’t matter if this is your first offense or your third, you can count on our firm to protect your legal rights. Often, our defense starts with recounting with you how the police officer came to stop you in the first place and how he or she came to believe you may be under the influence of alcohol. If the stop was illegal, or the tests were improperly administered, we may be able to argue for the dismissal of that evidence in court, helping your chances of a dropped charge.

If you would like to learn more about how our team can help, contact us today.

  • If you're arrested for DUI, you only have 10 days to schedule a DMV hearing where you can fight to save your license.

  • A blood alcohol reading of 0.15% or more can warrant an aggravated DUI charge with harsher penalties.

  • Each year, Hillsborough County issues around 4,000 DUI citations. Out of these, more than 3,000 are found guilty.

  • Per Florida's zero-tolerance policy, anyone under the age of 21 who tests positive for any measurable blood alcohol can be charged with DUI.

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