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Florida Breath Test Law

Contrary to popular belief, a positive breathalyzer or breath test in Florida does not always lead to a conviction. Nearly 40 percent of the 55,000 people that are arrested on DUI charges are not convicted. This is due to a number of reasons, one being that a breath test does not offer 100 percent conclusive evidence that a driver was indeed intoxicated above the legal limit. Many factors that are out of the control of a driver can contribute to a positive breath test. Unfortunately, a lot of defendants believe that they have no choice but to plead guilty and/or accept the fact that they were illegally intoxicated (even if the evidence is not strong).

Working with a DUI lawyer in Orlando that has experience with all types of DUI cases can help you to prove your innocence, have your case dismissed, or fight for reduced charges. An attorney’s ability to do so will depend on their experience, relationship with the prosecution, as well as their investigative skills. If you have failed a breath test in Florida, you are not helpless. There are options available to you. Many of which a strong attorney can help you to explore. The effects of a DUI conviction are far-reaching and long-lasting. It is not recommended for you to fight DUI charges on your own. Mr. Parikh is a former DUI prosecutor with law enforcement training.

Give Parikh Law a call at (321) 394-9443 to discuss the details of your case today. We are ready to fight for you.

Why Do Police Officers Use a Breath Test in Florida?

The administration of a breath test in Florida begins with a minimum of a 20-minute observation of the driver before the test is given. As the test begins, the officer will require drivers suspected of a DUI offense to blow into an “80000 Series Intoxilyzer” device. As participants blow into the machine, an infrared light measures the volume of air blown into the device while measuring the amount of alcohol. By nature, a breath test is scientifically-based. However, just like any electronic device, it can be flawed.

The breath test is the most commonly used method by law enforcement agencies to determine a driver’s blood alcohol concentration (BAC). Those that have a higher BAC than .08 percent will likely be arrested and charged with a DUI. Though the initial arrest can not be thwarted (in most circumstances), you still have the ability to mount an effective defense against DUI charges — even if the breath test indicated that you were at or above the legal limit. An adept DUI lawyer in Orlando will have the experience to fully investigate all factors to determine whether or not your test results are flawed.

Should You Take a Breath Test?

Every person that receives a Florida driving license is subject to “implied consent” laws in the state. This law indicates that by virtue of having a license, you agree to submit to one of three chemical tests if a police officer that suspects you of driving under the influence requests it. You do however have the right to decline the breathe test. Consequences can include immediate license suspension (on the first offense). If a driver refuses on subsequent occasions, it could result in jail time, probation, fines, and a license suspension of up to 18 months. Furthermore, if you refuse to take a breath test, police officers can quickly obtain a warrant for a blood draw (of which you can be forced to submit to). Blood draws are far more accurate and more difficult to defend against in court. No matter whether you choose to blow or not, Parikh Law can mount a defenses to your DUI case.

Potential Defenses Against a Positive Test

A positive breath test in Florida does not automatically mean that you will be convicted of a DUI offense. As with any procedure, factors such as human error, defective devices, etc. can contribute to a false positive test. Though no attorney can guarantee that they will have your case dismissed or have the charges reduced, working with a proven lawyer gives you far better chances of a positive outcome than representing yourself against an experienced prosecution team. Listed below are possible defenses against a positive breath test in Florida.

  • Lack of adequate testing before the breath test is administered
  • Improper operation of the device
  • No agreement between the first and second tests (if not, third tests must be administered)
  • Whether or not the officer observed the driver for at least 20 minutes prior to the test
  • Use of mouth wash and or dentures by the participant prior to the test
  • Inconsistencies between the breath test and the observations made by the police officer
  • Improper calibration of the machine
  • Illegal stop of a driver (without a reason)
  • Whether implied consent was read to the defendant

Consequences of a DUI Conviction

As you can see, a positive breath test in Florida does not always equate to an impenetrable case by the prosecution. The consequences of a DUI conviction are severe. You owe it to yourself to work with a DUI lawyer in Orlando who will turn over every stone in your defense. Those that simply accept the results as fact potentially face jail time, probation, fines, suspended license, community service, etc. Essentially, you have everything to gain by fighting a DUI charge and a lot to lose if you do not.

Contact Parikh Law - Your DUI Lawyer in Orlando

At Parikh Law, you have rights and we know how to protect them. We do not take the word of the police officer and prosecution over our clients. We thoroughly investigate each case to uncover the truth. As a top-rated DUI lawyer in Orlando, Rahul Parikh is dedicated to fighting for your freedom. All too often, attorneys seek to accept a deal instead of mounting a strong defense on their client’s behalf. Not at Parikh Law. We are battle-tested, experienced, and prepared to go the distance in pursuit of a favorable outcome. Contact us today to discuss the details of your case.

Contact us today to discuss the details of your case.

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    Rahul Parikh
    Mr. Parikh is a criminal and civil trial attorney located in Orlando, Florida. Known for his trial skills, Mr. Parikh has represented criminal defense clients against charges ranging from misdemeanor possession of cannabis to first-degree attempted murder throughout the counties of Central Florida. He has represented hotel owners, general contractors, and business owners in trial, at mediation, and in arbitration in both Florida and Texas on issues ranging from breach of contracts to negligence ...
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