Florida DUI Lawyer

Defend Your Florida DUI Breath Test Results

A breath test result over the legal limit of .08 is not necessarily mean that you will be found “guilty” in your criminal case. A knowledgeable and experienced Florida DUI attorney will tell you that the results may not be reliable. There are physical and medical causes that may raise your blood alcohol concentration and make it inaccurate. Your Florida DUI lawyer may employ a number of possible defenses revolving around your breath test and its results.

Did you know that many of these breath test cases regardless of how high the test readings were are dismissed or reduced to reckless driving during the pre-trial motion hearings?

In many cases, a DUI conviction is avoided when you hire an experienced Florida DUI lawyer to defend your DUI charges.  In pre-trial motions, it is vital to your defense that you argue to exclude the breath test results.  The standard breath test machine used throughout the State of Florida is the Intoxilyzer 8000. 

The Intoxilyzer 8000 machines have been shown to have serious mechanical problems that undermine the test accuracy and their integrity for admission as evidence.  Inaccurate or false high readings can occur do to improper machine calibration, a burp or belch during the 20-minute wait period prior to taking the breath test, alcohol trapped by dentures or dental appliances and medical conditions affecting lung function or body temperature.

An experienced Florida DUI lawyer will file a Motion for Inspection to have experts inspect the Intoxilyzer 8000’s software, source code, the machine’s interior and inner computer components.  An experienced Florida DUI attorney will also file a Motion to Suppress your breath machine test results since the Intoxilyzer 8000 was not actually approved by Florida state law due to compliance issues with Florida Department of Law Enforcement Rules.

Mandatory 20-Minute Observation Period Prior To Test Sample

Florida law requires that a 20-minute waiting period must be observed prior to administering a breath test.  An individual who is to provide a breath sample must not have eaten, drank or taken anything by mouth for at least 20 minutes.  The subject also must not have regurgitated for a minimum of 20 minutes prior to providing a breath test.

Under Florida law, this 20-minute observation rule has to be followed in order for your breath test results to be admitted as evidence against you.  In order to substantiate whether or not this 20-minute observation period was properly observed, an experienced Florida DUI lawyer should obtain and view a copy of the videotape of your breath test.

Improper Breath Test Administration

A common cause of a false high breath test result is the improper administration of the breath test.  Should the subject be told to provide a long or overextended breath sample, for example, a false high result is likely to occur.  In other words, the longer you are told to blow into the breath test machine, the higher your blood alcohol reading is likely to be especially if you have diminished lung capacity.

If you submitted a breath test and were charged with a DUI in Florida, call our 24/7 Florida DUI helpline at (800) 687-2252 to speak with an attorney.  All phone calls are answered 24 hours a day and 7 days a week.  You may also search our Florida DUI Lawyer directory for a local Florida DUI attorney to discuss your case (by appointment only).