If you’ve been pulled over in South Florida under suspicion of driving under the influence of alcohol, you’ll likely be introduced to a device known as a breathalyzer. The officer will ask you to breathe into this machine in order to determine whether your blood alcohol concentration (BAC) exceeds the legal limit in Florida, which is .08 for most drivers.
If that test result is higher than the limit, you’ll probably be arrested and charged with DUI. Since breathalyzer results are often the key piece of evidence used by prosecutors seeking a DUI conviction, you might think that blowing higher than .08 means that you’ve blown any chance of defending yourself against the charges against you.
But you’d be wrong. Because breathalyzers are often wrong. Some studies have suggested that breathalyzers are inaccurate almost 50% of the time. A skilled Florida DUI defense lawyer will know how to challenge the accuracy and admissibility of improper breathalyzer results, landing a big blow to the prosecution’s case and increasing the chance of a positive outcome for you.
A breathalyzer is a complicated, sensitive, and intricate machine. Like all machines, however, they don’t always work as they are supposed to. They are not always used properly by the officers administering a breath test. They don’t take into account factors other than alcohol consumption that could lead to a high BAC result.
By: Miami Criminal Defense Lawyer Albert Quirantes
Four of the most common problems with the accuracy of breathalyzers – problems that your DUI defense lawyer may be able to use to exclude the results from evidence in your case – include:
The bottom line is that a breathalyzer result which shows you to be above Florida’s legal limit isn’t the end of your case – it’s really just the beginning. A South Florida DUI attorney will understand how to call those results into question and use any mistakes or failures by police as a basis to fight and hopefully defeat the charges against you.
Albert Quirantes: Your Miami Criminal Defense Lawyer
http://www.criminaldefendant.com/
For over 27 years, Miami criminal defense attorney Albert M. Quirantes has been aggressively and zealously defending the rights of those accused of felony and misdemeanor crimesthroughout South Florida, including those accused of DUI. With his dedicated team, reasonable legal fees, and a well-earned reputation for challenging prosecutors at every turn, he has protected over 8,000 clients during some of the roughest times of their lives.
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If you have been arrested and charged with a crime, please call us today at (305) 644-1800 or fill out our online form to arrange for your free, confidential initial consultation. We look forward to assisting you.
If you have any questions about this article or any criminal accusation, call Miami Criminal Defense Lawyer Albert Quirantes at: 305-644-1800 or visit our homepage www.CriminalDefendant.com for a direct link to the office or a text message or a map and directions to our office.