Driver Drives over Curb, Blows .223, Three times the Legal Limit; Able to Drive While Dui Case Is Pending!

License Reinstated!

The Charges

Our Client was pulled over for failing to maintain a single lane and allegedly driving up over the curb when making a turn. She allegedly had droopy, watery eyes, and an odor of an alcoholic beverage emitted from her. She participated in the field sobriety exercises, during which she performed poorly. She took the breath test with results of .221% and .223%, which are nearly three times the legal limit. Our Client was then arrested and charged with DUI (Driving Under the Influence).

Breathalyzers and Law Enforcement in Florida

Florida law enforcement uses the Intoxilyzer 8000 for their breathalyzer. This machine can be hard to use, so each of the law enforcement professionals should be properly trained in using the breathalyzer prior to administering it. Results will vary greatly if the police officer was not properly trained or if there were any errors while performing the test. 

Each breathalyzer should be properly maintained with regular maintenance checks. This also includes calibrations. Any law enforcement that fails to do this could be setting up those they pull over for a DUI, even if they do not have a blood alcohol level (BAC) high enough to meet the DUI charge. 

Other things that can easily affect the breathalyzer tests include if a person wears false teeth or has a medical condition like diabetes. Even just recently having undergone dental work on the mouth could cause an inaccurate reading from the machine.  

Musca Law Firm

At Musca Law Firm, our number one priority is our clients. We strive hard to find the most favorable outcome for them. This is why we take the time to always research the case we are dealing with. In the case of a DUI charge, we will take measures to look into the breathalyzer that was used. We will find out if the police officer had proper training with the machine, as well as how often the breathalyzer is maintained. Our job will also be to find out if the machine was properly calibrated. Musca Law Firm will also ask about any medical conditions that you have that could have played a role in the breathalyzer reading. Other factors that we look at are the weather conditions for the day/time that you were pulled over, as well as the manufacturer’s recommended use and maintenance directions for the machine. 

If you have been pulled over and charged with a DUI, please call Musca Law Firm today at (888) 484-5057. We accept phone calls 24 hours per day and serve all of Florida for our clients’ convenience. 

RESULT: A problem with the breath test sparked the interest of the Musca Law Defense Attorney on the case, which led to him conducting further research. A letter was located and produced authored by the person in charge of the FDLE oversight of breath tests for the entire state, admonishing the breathalyzer technician for improperly performing this specific breath test. A request was made for the document to be entered into evidence. Based on the document, the hearing officer agreed and lifted the suspension on her driver’s license. License REINSTATED!

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