DUI Breath Tests
One of the most common questions our DUI lawyers are asked about DUI breath tests is: Should I or Shouldn’t I blow? It depends. If you don’t blow, even if you’ve had nothing to drink, you’ll automatically lose your Florida Driver’s License for one year. But if you blow, and you are way over the legal limit of .08, the consequences could be worse.
If you are arrested for DUI in Florida and you have taken a DUI breath test that is over the legal limit, do not assume that you have no chance of winning your case! An expert DUI attorney would ask the following questions:
- Were you sick or did you have a fever?
- As a female, were you menstruating?
- Did you have anything in your mouth within 20 minutes of taking the test?
- Do you have any other health related issues?
If you answered yes to any of these questions, the breath test results may be inaccurate or have to be thrown out of your court case completely!
In addition, the Breath machine, currently the Intoxilyzer 8000, automatically inputs certain numbers through it’s software that convert the air sample from your lungs into a number that is supposed to show your blood alcohol level (obviously the air in your lungs isn’t what makes you drunk, the alcohol in your blood stream does). These assumptions are often wrong because of your body temperature, time of your last drink and time of your breath test – they all matter.
Before you just bite the bullet and plead out because the breath test says you are over the limit, talk to our experienced DUI attorney, especially if you know exactly how much you drank and the numbers just don’t add up. We may be able to get your DUI case reduced to a lesser charge or dismissed outright.