After having several drinks, our client attempted to return home, but ran off the road and hit a fence in his neighborhood. Witnesses reported the crash to the police, who came to the client’s home. However, by the time they arrived, the client had already switched vehicles and tried to evade police by driving through a neighbor’s yard. Unable to get away, the police arrested him for DUI.
A breathalyzer is a test in which the one who is suspected of impaired driving blows into a mouthpiece. The machine will provide a reading for what the blood alcohol content level is of a person driving. In Florida, anyone who blows .08% or higher is considered to be too impaired to drive by state limits. You will be asked to provide a few breath tests so the officer can get an accurate reading.
There are several things that can affect the results of a breathalyzer test. If a person smokes, cigarettes can interfere with the testing, making the results not read properly. If a person has used mouthwash, breath mints, or taken cough syrup, the results will not be read properly either.
If a breathalyzer needs software that needs to be updated, the results of the test could also be affected. Bad batteries and machines that need to be calibrated will provide police officers with inaccurate readings.
Musca Law Firm
Musca Law Firm is located in various cities across the state of Florida. Our firm has attorneys that have over 150 years of combined legal experience. We will develop a strong defense for your case and show the weakness of the prosecution. None of our attorneys are afraid to negotiate and will go head-to-head with the prosecution if needed.
Our firm has extended night and weekend hours and we offer a free, no-obligation initial case consultation to determine if our lawyers are a good fit for your case. We are positive that we will be the right fit for you! Our firm serves the entire state of Florida with offices in Naples, Orlando, Fort Myers, Fort Lauderdale, and many other cities.
Please call us at (888) 484-5057 today! We have a 24 hour a day answering service for your convenience. Our lawyers look forward to hearing from you and fighting for your rights!
RESULT: The client’s license was initially suspended because he blew over the legal limit. However, our Musca Law defense attorney acted within a narrow 10-day window to challenge the suspension and demand a hearing. Because the client’s breathing alcohol was just above the legal limit, the attorney decided not to require the arresting officers to testify at the hearing. Instead, she conducted extensive legal research and crafted an argument that when a blow is close to the legal limit, the breathalyzer is not reliable enough to prove that a person was above the legal limit. The hearing officer was forced to agree with this creative argument, resulting in A FULL REINSTATEMENT OF OUR CLIENT’S DRIVING PRIVILEGE, NO CLASSES, COUNSELING, OR IGNITION INTERLOCK DEVICE INSTALLED!