In the state of Florida, it is illegal to operate a motor
vehicle while impaired by alcohol. If you are pulled over under the suspicion
of drinking and driving, there are two ways an officer can test for blood
alcohol content (BAC): a breath test or a blood test. A breath test is
conducted using a breathalyzer machine.
To conduct a breath
test, however, several criteria have to be met such as:
- Irrational driving behavior associated with intoxication
- Reason to believe you have been drinking
- Alcohol in your vehicle being consumed
Under Florida law of “implied consent,” you must
agree to take a breath test if you are stopped by an officer. If you refuse to
take a breath test, there may be civil and criminal penalties. You may believe
that you will be better off refusing a breath test, but it can actually harm
you in the long run. For a refusal, your license can be suspended for a
significant amount of time.
Breath Tests are Not Perfect
It is important to keep in mind
that breath tests can be faulty and make errors. Depending on your diet,
physiology, medical conditions, and lifestyle choices, you may have a higher
reading than usual. Additionally, environmental factors can affect the
functioning of a breathalyzer machine. Technology is never flawless, and breathalyzer
machines are no exception.
As the Miami DUI attorney at Jonathan Blecher, P.A., I have
helped countless Floridians who tested positive for breath tests challenge
their DUI charges. I have more than three decades of experience and 3,000 cases
under my belt. On the noted legal website Avvo.com, I have been recognized with
the highest possible rating of 10.0 Superb.
To get your free case
evaluation, call my firm today or fill out this website’s consultation
request form.
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