Client was pulled over for failing to maintain lane, he drove off the roadway four times and into the grass. The stopping officer noted an extremely strong odor of alcohol and there was an upside-down beer can in the cup holder and a box of beer on the passenger side floorboard. Client performed poorly in the field sobriety exercises where an arrest was made. He submitted to a breath test and blew .269, over three times the legal limit.
Breathalyzers in Florida
A breath test will analyze your breath using an infrared light absorption that will determine if you have alcohol in your breath and what levels it has. The machine used is computerized.
Florida’s breathalyzers often use old technology, with many in use being over 10 years old. Many times they do not work properly, and many lawyers have objected the use of them as they are highly inaccurate. The state does require monthly inspections of the machines by specific individuals. They should also be tested every year by another department. However, many records have shown that there are repeated violations of these rules and many problems have arisen from the breathalyzers.
Attorney’s can use a breathalyzer to their advantage. An attorney must make sure that the breathalyzer was administered properly, with law enforcement following the rules and regulations of the state. They should also make sure that machine is one that is utilized in Florida, and if it has been maintained properly.
If you have been charged with a DUI, there are many penalties that one can face. These not only include the mandatory conditions, such as probation, fines, and car impoundment, but also DUI schooling and alcohol treatment. You will also have your driver’s license suspended. If it is your first DUI, you will be responsible for doing 50 hours of community service. If the offender is not able to meet the 50 hours of community service, some judges allow the offender to buy these hours at a rate of $10 or more.
Obtaining Legal Representation
If you or a loved one has been charged with a DUI (driving under the influence), it is imperative that you receive legal representation as soon as possible.
At Musca Law, we will take the time to listen to your case, and review all documents that we need to. We will put together a defense that can work for you. We offer a free consultation and are available 24 hours per day. Many of our clients have had reduced charges or they have been dropped completely.
RESULT: Both the arresting officer and the breath tech appeared at the Formal Administrative Hearing. The following motions were made to invalidate the suspension; improper 20-minute observation period-there was a period of over an hour, improper breath test – over 2 ½ hours passed before breath samples were submitted, improper breath test – the machine is unreliable with a 25% failure rate. REINSTATED!