Can A Lawyer Keep Your Breath Test Results Out of Court

Under Florida law, your attorney may have the results of your breathalyzer test thrown out of court for very specific reasons. Some of the specific cases we can have breath test results suppressed as evidence include:

Coercion – Florida law requires the arresting officer to demonstrate that you submitted to the breath test without being forced or threatened. We can review the documents provided to the State to ensure you were not coerced into provided a breath sample to law enforcement.

Calibration errors – Under Florida Administrative Code 11D-8.006(1) all machines used for breath tests must be tested at least one time per month to ensure they are properly calibrated. In addition, if the machine used was moved from one location to another (for example previously used in the station and now in a vehicle) the calibration must be checked.

Operator error – In some cases, breath machine operators are not properly trained in the use of the equipment. If your criminal defense attorney can prove the operator has insufficient training or failed to administer the test properly, the results may be suppressed.

Invalidating results – It may be possible to challenge the results based on how the test was administered, how long the machine operator had you blow into the machine and whether or not you are taking certain medications.

If you are arrested and charged with a DUI in Florida, it is important to remember that a breath test may show you were intoxicated; however,  your lawyer may have the opportunity to fight the results or have the results suppressed as evidence.

Florida law is very specific about a driver’s requirement to submit to a field sobriety test under The 2015 Florida Statutes Chapter 13 Section 1932 which states in part that when a person is “..operating such vehicle, [they are] deemed to have given his or her consent to submit to an approved chemical test or physical test including..”. The law states that refusal to submit to a test can result in the loss of your driver’s license for a mandatory period of 12 months, for your first DUI.

It is important to work with a Florida criminal defense attorney if you have been arrested for a DUI. Regardless of the results of your breathalyzer tests, keep in mind, it may be possible to have the test excluded from the evidence the State may use against you. If you are facing a DUI charge and you are concerned about your breathalyzer test results, contact the Law Office of James Davis at 904.358.0420 immediately and let us review your case and help with your defense.


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