Jacksonville Breathalyzer Results Lawyer
Many people assume that if a breath sample is given and the results are over a .08 then there is no hope for their case. This is simply not true. The breath test results can be attacked just as any other part of the State's case. At Arnold Law Firm in Jacksonville, Florida, the most common Breathalyzer issues we look for are listed below:
A. A machine is a machine. They break down, they fail, they often become un-calibrated, and they are not always properly maintained. Maintenance records can be obtained and reviewed by our attorneys and experts to see if the machine and its results are truly accurate. Florida Law requires that these machines meet certain standards, and many times it is discovered that the machines have a history of errors or haven't been properly maintained. These deficiencies can lead to the suppression of the breath test results, or can be explained to the jury so that they can properly weigh the value of such evidence.
Additionally, even if the machine is working properly, many times the results can be skewed by the sample that has been given, or by operator error. A high body temperature, foreign substances in the mouth, an improper breath sample; all these things can lead to higher results and may not accurately reflect the amount of alcohol in your system.
- B. Implied Consent: Often a "refusal" to blow will be used against you in court and argued by the State's Attorney that it shows "consciousness of guilt." A "refusal" is something that needs to be examined closely by a seasoned attorney. Under Florida's implied consent law, an individual gives consent to any sobriety tests simply by accepting his/her driving privileges. Since a "refusal" of the test can lead to a revocation of those privileges, officers must properly, and accurately, inform you of your right to refuse the tests, and the consequences of such a refusal. Failure to properly advise an individual of these things can lead to a suppression of the "refusal" and keep the State from arguing the issue at trial.
- C. The .08 Presumption: Many people do not realize that a .08 is simple a presumption, and not the "end-all" in a DUI case. Under Florida Law, if an individual blows a .08 or higher, then the jury may presume that the individual was illegally intoxicated. The presumption however, is just that: a presumption. By definition, a presumption is something that can be rebutted by proper evidence. Many times an individual could have a .08 or higher blow and still be able to legally drive. Again, people are all different and many react differently to alcohol. Some have higher tolerance levels than others and may be able to operate a car without their faculties being impaired, even with a .08 breath content.
If you are facing DUI charges in Florida, call Arnold Law Firm and learn about how our DUI defense can help you. Our attorneys are experts in Florida DUI laws and have helped clients from Jacksonville, Orlando, Tampa and other Florida cities effectively and satisfactorily deal with their DUI charges. Contact us today!