Breathalyzer tests have been used for years in Florida as a way to measure blood alcohol concentration (BAC). The legal BAC limit is 0.08%. If you are stopped for a traffic violation the officer may suspect that you have been drinking. If so, you may be requested to take a breath test. The breath test is generally used in the field because it is portable and simple to do. However, there may be issues with the method used to determine BAC.

How Breath Tests Work

The breath test is commonly referred to as a breathalyzer or intoxilyzer machine. The laws surrounding the use of breathalyzers change from time to time. The test is done by blowing into a device that is calibrated to measure BAC. The unit must be working properly and be properly maintained in order to provide accurate readings. In some cases, the breath test devices in use may be outdated. They may also not be correctly maintained. Further, law enforcement may not be trained on the operation procedures. These issues may add to a faulty reading.

Defending DUI Charges

If you have were charged with DUI you’ll want to seek the services of a DUI lawyer as soon as you can. Your lawyer will review the evidence in the case including the use of testing devices. If the breath test was not administered properly or the unit was not adequately maintained there may be reason to believe the results were not correct. If this is the case, there may not be enough proof that the driver was over the legal limit. However, keep in mind that even if your BAC is below the legal limit it is possible to be charged with impaired driving.

Driver’s License Suspension

If you are found guilty of DUI you will face penalties that may include the suspension of your driver’s license. It is essential to take quick action once arrested for DUI in order to protect your rights. In Florida, drivers must submit to DUI testing, including breath tests, if requested by a member of law enforcement. Failure to comply will result in a separate charge which carries a penalty of suspension of driver’s license. Contact your attorney quickly to provide you with guidance with this implied consent law.

Defending DUI Charges

Every DUI case is different and has a unique set of circumstances. The best defense is typically provided with assistance from an attorney who focuses on these types of cases. The laws regarding DUI change often so it is necessary to know the latest legislation as well as some of the most recent case law. Your lawyer will review every aspect of the charges to determine the best way to proceed. The sooner you contact an attorney the better he will be able to represent you throughout the case.