Can I Fight Incriminating Evidence from a Breathalyzer Test in Florida?
Consult a Fort Myers DUI Attorney
If a police officer suspects you to be driving while under the influence
of impairing substances then they may pull you over and inspect you. It
is vitally important that you understand that from the time they pull
you over, they will be looking for evidence to convict you of
DUI. They will be looking for slurred speech, redness of the eyes, and alcohol
on your breath. If they believe they have enough evidence they may ask
you to perform some field sobriety tests. These may include the walk and
turn test, one leg stand, and the HGN test (horizontal gaze nystagmus).
If they further believe that you are drinking and driving then they may
ask you to take a breathalyzer test. It is important for you to be aware
of two things:
- It is your constitutional right to refuse to take both the field sobriety
tests, and any chemical tests
- You can refuse the field sobriety tests without being penalized, however
you can refuse the chemical tests but you will face an automatic license
suspension for 12 months
Problems with the Breathalyzer
The Breathalyzer is a chemical test that measures your BAC (blood alcohol
content). While this test may seem extremely scientific and even fool-proof
in most cases, it is important for you to understand that this is not true.
There are many factors that affect the reading of a breathalyzer.
One issue is that a breathalyzer measures the alcohol in your blood through
your breath; this means that if you have any alcohol residue in your mouth,
then the reading could be catastrophically inaccurate. You could have
a BAC reading of more than 0.15 when in actuality, your BAC is less than 0.08.
Other factors that contribute to an inaccurate reading include holding
your breath before taking the test, and hyperventilating before taking
the test. Studies have shown that the amount of oxygen in your blood at
the time of taking a breath test can greatly compromise the reading.
Get a DUI Lawyer in Fort Myers on Your Side Today
Because of these and other factors regarding breathalyzer testing, any
evidence brought in court by these tests can be easily compromised and
can result in an unfair conviction of a crime you are not guilty of. At
Brian L. Edwards, Esq., we can provide you with the defense of your case that you need in court.
Contact the Fort Myers DUI Lawyer at Our Firm for Aggressive Assistance Today