DUI Breath Test

Many DUI cases are won or lost based upon breath testing. Most of the time, license suspension proceedings and DUI charges will be based upon a failed breath test or blood test as the primary indication that the driver was “under the influence” of alcohol; that is, that the driver had a blood alcohol concentration of .08% or greater. For this reason, this is one of the most important issues to address in regard to challenging your charges.

Tampa DUI Lawyer: Fighting Breath Test Evidence

There are various ways in which a lawyer may be able to fight breath test evidence. He or she may bring into question any of the following or similar issues:

• The test was administered by an individual who was not trained in breath test administration;
• The device was not properly maintained or regularly calibrated in accordance with state standards;
• A physical condition unrelated to alcohol consumption led to a false high test result; or
• The defendant vomited, belched, ate, drank or smoked within 15 minutes prior to the test.

A driver may assume that if he or she failed a breath test that the matter is hopeless. What most drivers do not know is that a competent DUI attorney can successfully challenge breath test results. Depending on the manner in which your test was administered and other factors, a Tampa DUI lawyer at our law firm may be able to prove in criminal court or at your hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) that breath test evidence should not be used against you.

Find out more about how you can challenge a breath test. Contact a DUI lawyer in Tampa today for a confidential case review.