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Breathalyzer Test – Florida DUI Law

If you have been arrested for DUI in Florida, you were likely asked to take a breathalyzer test. A breathalyzer test indirectly measures the blood alcohol content in your body by analyzing the amount of methyl groups in your breath. In many DUI cases, the results of the breathalyzer test will be the prosecutor’s most important evidence against you and it will be a significant factor in determining whether or not a driver is found guilty of DUI. Breathalyzer tests are not always accurate and can be challenged on numerous grounds. At Florida Law Advisers, P.A. our DUI attorneys know the precise procedures police must follow when administering breath tests and exactly how the machine works. We carefully review every detail of a client’s DUI arrest to find grounds to get the breathalyzer results thrown out of court and the charges dropped.

The official breathalyzer machine used in Florida is the Intoxilyzer 8000 manufactured by CMI. The Intoxilyzer 8000 uses infrared spectroscopy to test the amount of methyl groups in a person’s breath. The machine must be calibrated and maintained according to a strict schedule; any slight error in calibration or maintenance can create inaccurate results. There are many factors that may interfere with a breath test, providing grounds to exclude the results.

Possible Breath Test Defenses:

-The test was administered by an individual who was not properly trained in conducting breathalyzer tests

-Contamination from outside electronic devices

-Driver has a medical condition that affected the reading

-The device was not properly maintained or regularly calibrated in accordance with state standards

-The driver vomited, belched, ate, drank or smoked within 15 minutes prior to the test

-The breathalyzer machine was not certified

-Amount of time between consumption of alcohol and administration of the test

-Driver had dentures or dental work which trapped alcohol in the mouth

-The breathalyzer machine malfunctioned

-The test was not performed properly

-Alcohol from mouthwash, breath fresheners or cold remedies affected the results

At Florida Law Advisers, P.A. we aggressively defend clients who are charged with a DUI in the Tampa Bay area. We are skilled at finding violations of blood alcohol testing procedures and grounds that can call into question the reliability of the breath test results. Our Tampa DUI attorneys have helped many clients get the charges against them dropped and their driver’s license reinstated. To find if we can help get your breath test thrown out of court and the charges against you dropped, contact us to schedule a free consultation with a Tampa DUI lawyer.



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