Fight Breath And Blood Test Evidence
Florida is an “implied consent” state. This means that any individual arrested for a suspected DUI (driving under the influence of alcohol or drugs) has already given his or her implied consent to submit to breath and blood tests based solely on the fact that the individual was driving on our state roads. It does not matter whether you have an out-of-state license or not, the same regulations apply.
Refusing a breath or blood test will result in the automatic suspension of your driver’s license for a minimum of 12 months. Should you refuse a breath or blood test after a second DUI you could be charged with a first degree misdemeanor and end up spending up to 1 year in county jail. If you fail your breath or blood tests due to your blood alcohol concentration (BAC) being above the legal limit, you will be charged with DUI.
It is important to know, however, that breath and blood test evidence is not guaranteed to be 100% accurate. Your results could be skewed if:
- The breath machine was incorrectly calibrated
- The officer administered the test incorrectly
- The blood sample was mislabeled
- Your skin was cleaned with an alcohol-based swab before the blood sample was drawn
- You burped or vomited within 30 minutes of taking a breath test
There are a variety of other factors that could negatively impact your test results. For this reason it is important that you have a skilled criminal defense lawyer on your side to help you aggressively challenge the results of your breath and blood tests. Pleading guilty or giving up your legal rights is a mistake.
Although the arresting officer or prosecuting attorney may lead you to believe that based on test results alone, you will be facing an almost certain conviction, that is simply not true. With strong representation and a sound criminal defense strategy even a BAC level above 0.08% could end up getting dismissed.
Our team at T. Charles Shafer, Attorney at Law is committed to doing everything possible to defend your rights and we are dedicated to providing you with the representation you need to fight conviction. We have helped countless individuals get the charges against them dismissed simply based on faulty test results. Call our firm and schedule a consultation to discuss your case with a Fort Pierce criminal defense lawyer today.