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Breathalyzer Tests

Breathalyzer Tests in Florida

I failed the breathalyzer test. Can my case still be dismissed?

No one should ever assume that they have no defense against a DUI conviction because they failed a breath test. These tests may be one of the most dependable means of calculating a motorist's blood alcohol concentration (BAC), but the results can still be fought if there are issues with the integrity of the machine or with how the test was conducted. Following are a few questions that could be raised regarding your breathalyzer test to determine whether or not you have grounds for defense:

  • Was the initial police stop a lawful one?
  • Did the patrol officer observe you for a full 20 minutes before administering the breath test?
  • Did the officer tell you to "keep blowing" during the breath test?
  • Did the officer calibrate the machine correctly?
  • Did the officer make a lawful DUI arrest?
  • Were you absorbing or eliminating alcohol at the time of the stop?
  • Did you finish drinking right before you were stopped?
  • Is your body's partition ratio above or below 2100:1?

Your answers to these questions can help determine whether or not your breath test results are valid. If you have been arrested because of a failed breathalyzer test, your next step should be to hire a capable Brevard County DUI attorney from the offices of Parks & Braxton, PA.

Fighting the Breath Test

Each member of our legal team has extensive experience fighting the results of breath tests in Florida. By examining your case and helping you answer the questions listed above, we may be able to uncover police misconduct or an unlawful arrest. Law enforcement officers must follow strict procedures and laws when it comes to pulling over a suspected drunk driver and conducting field sobriety and BAC tests. Breathalyzer machines are extremely delicate and sensitive instruments and must be properly calibrated before each and every use. If your arresting officer made a mistake when calibrating the machine, or if they failed to do so at all, your case could be dismissed. Likewise, you could obtain a dismissal if your DUI stop or arrest were unlawful, in the first place.

Why You Need a Brevard County DUI Attorney

Without the representation of a capable DUI defense lawyer, you will very likely be convicted of driving under the influence and suffer the harsh penalties involved. Parks & Braxton, PA is Brevard County's premier DUI defense firm and has won thousands of defense cases, so do not hesitate to schedule your initial consultation with our firm. We serve clients in Viera, Melbourne, Titusville, and all of Brevard County, as well as Daytona and Volusia County. At no cost to you, you could find out exactly how a nationally-recognized DUI attorney can obtain the dismissal you need. Complete our online evaluation form today to get started and contact an attorney from our firm.

Obtain Immediate Legal Help

To save your license, you must act within 10 days. Get in touch with our firm by calling 321.593.0222, or fill out the form here.

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