DRIVER CANNOT BLOW BREATH TEST; ARRESTED FOR DUI NO DUI CHARGES FILED BY STATENo Dui Charges Filed by State
A Driver caused a traffic accident after he experienced diabetic ketoacidosis, a life-threatening complication of diabetes. The Police felt that alcohol also contributed to the crash and investigated the driver for DUI. The Police requested a breath sample and informed the Driver he would lose his license if he refused to cooperate. The Driver submitted to a Breathalyzer Test and had difficulty completing it. The Police arrested the Driver and charged him with DUI.
Breathalyzer Testing in Florida
If you have failed a breathalyzer test, it could be in your best interest to fight the charge. There are many reasons as to why breathalyzer tests are not consistently accurate. Individuals that have acid reflux, diabetes, and other conditions can cause this testing to give inaccurate readings.
There are many different ways a defendant can fight the breathalyzer in court. These could be:
- The testing device was not properly calibrated according to the set testing protocol
- The arresting officer did not properly administer the breathalyzer test
- The breathalyzer machine was not properly maintained according to the testing policy laws
- The breathalyzer machine could have given a false reading
- The driver may have a medical condition that causes blood alcohol content levels to read higher than they are
- Other factors, such as if a person just ate or used mouthwash could affect the results of the breath test
The Arresting Officer
There are some things that one needs to consider related to the arresting officer. As stated above, he or she may not have properly administered the test. And if the officer did not read you your Miranda rights, you can fight this in court.
If the arresting officer did not have probable cause to arrest you, your case could be dismissed. The evidence of this must rise to a level in which the officer reasonably believe you had committed the crime of a DUI.
Many times the officer will believe that a person is driving drunk. However, quite a few times the signs they see are actually from a person being fatigued or distracted. Exhaustion can cause bloodshot or watery eyes, and if a person is tired enough, they could have a delay in response time.
Musca Law Firm
If you are looking for an outstanding law firm to support you with your DUI case, Musca Law Firm should be number one on your list. Our firm serves all of Florida with multiple offices in various cities across the state for your convenience. We offer a free, no-obligation case consultation and will answer our phones 24 hours per day. With over 150 years of combined legal experience, our team of experienced attorneys are the best at what they do. Please call us today at (888) 484-5057 to determine how our services may best serve you and your legal needs.
RESULT: The Musca Law Defense Attorney aggressively challenged the facts of the case against the Prosecution. The Defense documented and presented to the Court that the Client suffered from many medical conditions besides diabetes that may have impacted the Breathalyzer Test. The Defense persuaded the State not to file charges. The State DISMISSED the case against our Client.