DUI Breath Test
Those charged with driving under the influence (DUI) in Sarasota often think that the DUI breath test is evidence that will most likely lead to a conviction no matter what. If you or someone in your family has been charged with DUI in Sarasota and a breath test was taken, call Musca Law today. There are a variety of ways to fight the admissibility of a breath test in a Sarasota court. Breath tests are, in fact, sometimes proven unreliable. This leaves a host of possible arguments for your savvy Sarasota DUI lawyer.
When your DUI breath test registers at a .08, a .15 or higher, it is still possible to create a strong defense. Our Musca Law Sarasota DUI attorneys can move to have the evidence thrown out, or excluded. If any of the procedures in your breath test were followed incorrectly, we may be able to have the charges dropped or reduced.
What’s Wrong With The Breath Test?
A skilled Sarasota DUI attorney knows that a DUI breath test may not back up all of its claims. These breach machines can sometimes report false information for medical reasons. For example, if someone has belched within 20 minutes of the test being taken or if they suffer from chronic digestive conditions such as acid reflux disease, the results may be inaccurate. The breath test is affected by short-term illnesses and bodily conditions that may raise the blood alcohol content (BAC) to an inaccurate reading. Contact Musca Law today for a consultation. Discuss your options with our team of Sarasota DUI lawyers. We know the ins and outs of Florida’s breath testing method and requirements and can protect your legal rights.
Courts in Florida are notorious for mistrusting the results displayed by breath test machines. Our Sarasota DUI attorneys can use this to strengthen the defense of your case and possibly have the breath test evidence eliminated from your case. Pre-trial motions to are often helpful, and other ways of fighting the test’s admissibility are also available. For example, the reliability of the machine and the conduct of the arresting officer may be called into question.
Sarasota DUI Observation Rule Defenses
Florida statutes require officers administering the DUI breath test to observe their suspects uninterrupted for 20 minutes. When this does not happen, the test results can be inaccurate. Your savvy Sarasota DUI attorney may be able to have this evidence thrown out of court. In fact, the prosecutor may have little left to use as evidence. When this happens, a dismissal is often the result.
Keep in mind that an incriminating DUI breath test result is not necessarily cause for your conviction. Our knowledgeable and experienced Sarasota DUI attorneys at Musca Law can explain why not and explore the many options for having your case dismissed or the charges reduced.