Here’s a fact many Florida drivers may not be familiar with: upon receiving the driver’s license, you are agreeing to submit to a breathalyzer test should a law enforcement officer request one.
Should you be arrested in the state of Florida for a DUI, a police officer should have read you the implied consent warning reinforcing that your driver’s license may be suspended for an initial refusal or eighteen months in the event of a second refusal.
This step of the DUI process may seem intimidating and choose to undergo a breath test. Should the test deliver results showing that BAC was above the legal limit, they may be admissible in trial, making the prosecution lawyer’s task far harder. When all functions well with the breathalyzer then it can be a reasonably reliable calculation, which is why it is admissible in a court of law, but there are ways a DUI defense lawyer may also target the results.
Beyond the calibration, a law enforcement officer should observe you for 20 minutes prior to blowing into the breathalyzer. That may help or hinder your results, based on the length of time since your last drink. When the observation period is not reported, the findings may be dismissed; when they skip the observation period or cut it short, the findings may be distorted.
To read more, visit https://southfloridareporter.com/3-common-problems-with-florida-breathalyzers/.
This update is brought to you by the Miami traffic ticket lawyer team of Hochman & Goldin, P.A. We can assist you with criminal traffic violations and are ready to answer your questions. Please call 305-665-1000 to speak with a Miami speeding ticket lawyer today.
This information is provided for educational or informational purposes only and should not be construed as legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice.