If you’ve been arrested for a DUI and you consented to a breath test, you may be wondering whether or not your breath test results were accurate. This is essential information if you are hoping to beat your charges based on invalid breath test results.
Unfortunately for you, breath test results are highly accurate, but all hope is not lost. Read on to learn how a diligent criminal defense lawyer can still beat your drunk driving case, even if you gave a breath test.
Law Enforcement Requirements Before Giving a Breath Test
In the state of Florida, the police typically can’t just stop you and require you to take a breath test. If they don’t follow these protocols, your DUI attorney can easily get the results thrown out in a motion to suppress. Before the police can administer a breath test, all of the following things must occur:
- There must be a valid reason for them to stop you. These include witnessing a violation, identifying a driving pattern consistent with drunk driving, an anonymous tip, stopping you in a sanctioned DUI checkpoint, etc.
- They must ask you to complete Field Sobriety Exercises. These exercises are voluntary, but in most circumstances, the police must at least allow you to proceed or to decline them before moving onto the arrest.
- If you’re an adult of legal drinking age, the police must arrest you before giving you a breathalyzer test.
- The police must read you the Implied Consent Warning before giving you the breath test. This is a reminder that you agreed to provide a breath or urine sample on demand. If you have a driver’s license or have decided to legally drive on the Florida roadways, you gave implied consent to undergo a breath test.
Only after the police have gone through these steps can they give you a breath test.
Voluntariness of a Breath Test
Despite the fact that you gave your consent to a breath test, you still have the right to withdraw that consent. In fact, it’s sometimes in your best interest to withdraw consent.
In Florida, this refusal will result in the suspension of your driver’s license for one year for a first refusal and 18 months for a second refusal. On the other hand, the police will not have your BAC levels at the time of your arrest.
Other Ways to Beat Breathalyzer Results
In order for your breath test to be admissible, it must meet the following standards:
- The operator must observe you for twenty minutes prior to the test
- The operator must take two separate samples
- The operator must be certified
- The machine must have been calibrated by an individual who is certified to certify the make and model of the breath machine.
What happens if I blow under the legal limit?
If your breath test score is under .08, the operator will record the score, and you will be asked to provide a urine sample. This is also something that you agreed to when you accepted your driver’s license.
Your urine will be tested for the presence of different narcotics. If it tests positive and the amounts are substantial enough, you can still be prosecuted for DUI. If you’ve been arrested for a DUI, you need to contact a criminal defense lawyer to avoid prosecution.
