Alcohol Testing and Breathalyzers
Although people use breathalyzer and blood alcohol content interchangeably, there is a very important difference. A breathalyzer doesn't read your BAC but estimates it. Breathalyzer test results can be far from 100% accurate and may be challenged in a DUI defense.
It is illegal in all 50 states to operate a motor vehicle with a BAC of 0.08% or greater. It's possible to be convicted of DUI offense even after passing field sobriety tests or not appearing impaired if your BAC is .08%. Following a DUI conviction, you may face many DUI penalties like license suspension, probation or jail time, with the possibility of a prison term.
Measuring BAC
Your BAC may be tested several ways. The breath test is the most common way to estimate BAC. Many police departments use portable breathalyzer testing devices to determine BAC. Some states don't allow test results from these portable breathalyzers such as Florida which uses a larger machine (Breathalyzer 8000) that is generally considered more accurate. A urine test may also be used to estimate BAC or a blood sample if there has been injuries.
While many states rely solely on breath or urine tests to estimate BAC, a blood test is generally the most reliable way to get an accurate result. A DUI lawyer can help you determine if you can challenge your breath or blood test as a DUI defense.
Problems with Breathalyzer Tests
Several problems exist with breathalyzers that could result in an inaccurate estimation.
* Breathalyzers assume a specific ratio between BAC and breath alcohol content to make estimations. This 2100:1 ratio may actually range between 1700:1 and 2400:1. If a breathalyzer reads a person's BAC at .08%, their actual BAC could be between .065% and .09% - variation that could mean all the difference in a DUI case. Urine tests also make estimations based on an assumed ratio of 1.3:1, which may not apply for every person.
* Breathalyzer machines are often confused by other substances that throw off BAC estimations. A breathalyzer machine tests for ethyl alcohol (ethanol) from alcoholic substances. It may misread many other substances in the human breath as alcohol content. Some breathalyzers become confused by acetone, which may be present in large amounts in diabetics and people with special diets. Breathalyzers have also been confused by fumes coming from certain paints and adhesives.
Your Defense Starts By Contacting Us!
The sooner you contact our office the sooner we can start your defense. In order to put pressure on the State Attorney's Office we move very quickly and file the necessary paperwork to preserve your rights. Those rights include your right to continue driving during the duration of your case and your right to a speedy trial.The State of Florida will automatically suspend your driver’s license 10 days after the date of your DUI arrest unless you request a special administrative hearing.
From Your First Hearing to Trial
From your first hearing to your jury trial our office will be there for you; using every possible resource for your defense. Our office is always available to speak with you about your case and your attorney will promptly return return your phone calls.We understand the stress and uncertainty that is associated with being arrested and we will help you to understand your options. |