DUI Breath Test

DUI Breath Test

You're driving home from a few drinks with friends when you're stopped by police. The officer informs you that he smells alcohol on your breath, and he asks you to complete a series of field sobriety exercises. You're arrested for DUI.

The nightmare continues. You agree to take a breath test. You blow over the legal breath-alcohol level of .08. You believe that there's no way to win your DUI case in Jacksonville.

That's where you may be wrong. The Jacksonville DUI defense attorneys at Musca Law frequently fight and win DUI cases involving breath results above the legal limit of .08. Attorney John Musca, along with his team of dedicated DUI defense attorneys, recognizes that prosecutors rely heavily on the results of breath tests as evidence of DUI. Attorney Musca and his team also recognize the myriad of problems with the Intoxilyzer 8000 - the official breath test instrument used by law enforcement in Jacksonville and throughout Florida.

Armed with a complete understanding of the limitations of the breathalyzer, Musca Law attorneys frequently fight at pre-trial hearings to suppress (or throw out) breath test results based on the following factual and legal defenses.

Breath Test Problems and Defenses

The stopping officer did not have the reasonable suspicion necessary to stop the vehicle driven by the defendant.
The arresting officer failed to read the defendant implied consent.
The arresting officer read the defendant implied consent, but the officer did not read implied consent in accordance with the law.
The arresting officer read the defendant implied consent in English, but the defendant does not speak or understand English.
Law enforcement denied the defendant's request for an independent blood test.
The breath test operator failed to observe the defendant for the mandatory 20-minute observation period.
The defendant burped or vomited during the 20-minute observation period.
The defendant had a medical condition which could impact the results of the breath test.
The breath test operator failed to administer two breath samples within a 15-minute time period.
The Intoxilyzer 8000 breath test instrument was not properly calibrated.

As you can see, a number of scenarios all lead to the same outcome - prosecutors may not present breath test results as evidence at trial. Without breath test results, in many cases, prosecutors are forced to dismiss the DUI charge entirely or reduce the charge to reckless driving. Musca Law attorneys critically approach each case involving breath test results.

Hire an Experienced Florida DUI Attorney

An experienced DUI defense attorney will investigate the breath test results in your case and provide you with the best chance of reducing your charges or completely avoiding a DUI conviction. For more information on DUI breath test cases in Florida, or if you were arrested for DUI, please schedule a free, confidential consultation with an experienced Musca Law DUI attorney Jacksonville. Contact Musca Law 24/7 by calling 1-800-MUSCA-LAW (1-800-687-2252).