DUI Breath Test
A skilled Gainesville DUI attorney can provide a good defense against the DUI breath test. It isn’t necessarily unbeatable and does not mean a conviction for everyone. The Florida breath machine isn’t always reliable and gives us numerous options for defense.
At Musca law we believe we can help you even if your reading is .15 or higher. We will use every available motion to exclude evidence before trial and use other pre-trial procedures to get your charges either dismissed or reduced.
What is wrong with the DUI Breath Test?
As any good Gainesville DUI lawyer can tell you, the Florida courts are undecided on the reliability of the breath test. In some cases the Florida breath test has been shown to be inaccurate when a person has acid reflux disease and belching 20 minute prior to the test can also affect results. There are also conditions or illnesses that effect blood alcohol levels, rendering it unreliable.
Some of the Florida courts have begun to view them as “mystical” devices that can’t be fully relied upon for the purposes of a trial. Gainesville DUI lawyers can use various pre-trial motions to prohibit the use of breath test results as evidence against you which could include examining the arresting officer’s procedures and inspecting the machine in use. Contact Musca Law, for help in understanding if the faults of Florida’s breath testing method might apply to you.
Defence Under the 20-Minute Observation Rule
If an arresting officer fails to wait 20 minutes before administering a breath test, they are in violation of Florida law which requires that they must observe a DUI suspect during a 20 minute waiting period. The test results can be disallowed under this circumstance which gives the state little to proceed on. In that event, a dismissal is usually granted.
Be assured, the DUI breath test does not absolutely mean a conviction. Contact Musca Law so our trained attorneys can help you understand how we can win your case.