DUI charges rise and fall on the basis of breath and blood test evidence. These are both types of chemical tests that law enforcement will request after a DUI arrest. The most common type of breath test is the "breathalyzer" although there are many different types and brands. The type and brand typically differs by jurisdiction.
It is only lawful for law enforcement to ask you to take a breath or blood test after you have been lawfully arrested. If you have been lawfully arrested, then you are required to submit to one of these types of chemical tests. A refusal will warrant an automatic license suspension, per the implied consent laws. Remember that chemical tests are not the same as field sobriety tests, which are things like the walk and turn test and the one-leg stand.
If you have been arrested and your breath or blood test reveals a blood alcohol content (BAC) of 0.08 percent or higher, you will likely be charged with a DUI. Truthfully, there are many problems with these chemical tests that can result in false BAC readings and ultimately wrongful DUI convictions. To avoid being convicted of a DUI that you do not deserve, get in touch with a Tampa lawyer from our firm to learn how we could help fight back against your breath or blood test evidence.
One potential problem that can arise with these tests is the method that was used to administer them. These tests, like any other test, are subject to human error. To avoid error as far as possible, there are strict guidelines and procedures that must be followed to conduct these tests. If any of these steps are missed, then the evidence will likely be thrown out.
Our firm has a thorough understanding of these procedures, so if they were not followed correctly, we can find out about it and use this to your advantage. For example, while taking a breath test, the administering officer must instruct the subject to "keep blowing." If they do not, and the subject stops blowing too soon, this could register a false reading.
There is also an inherent margin of error with the breath and blood tests, but particularly breath tests. This type of chemical test does not actually test the level of alcohol in the blood like a blood test would do. Instead, the breathalyzer test measures the amount of ethanol on a person's breath. This is the chemical that is left behind after consuming alcohol. There is also an added problem that certain types of food and non-alcoholic drinks have been known to register a measurable BAC during breath testing. You have the right to ask for independent testing, and law enforcement should inform you of this fact.
The Tampa attorneys at Taracks & Associates have been proven time and time again to be highly skilled attorneys, particularly in the defense of DUI charges. Mr. Taracks of the firm has actually been certified to operate the Intoxilyzer 5000, the breath device used in Florida to test BAC. As a certified individual, Mr. Taracks understands how these machines work as well as their common flaws. Enlist this type of defense if you have been arrested for drunk driving. You would be putting your future in extremely capable hands. For a free consultation, call today!