Defense attorneys have long discussed the myriad of issues related to breathalyzers that cause them to produce questionable results. Yet, courts far and wide continue to treat them as the holy grail of evidence for alcohol intoxication in DUI cases. The breathalyzer test result is perhaps the most incriminating piece of evidence for anyone accused of DUI, especially if the result reveals a blood alcohol content (BAC) of 0.08 or higher.
At 0.08 or higher, it isn’t necessary to prove actual impairment to gain a per se DUI conviction. This is one of the many reasons DUI defense attorneys often look for ways to challenge BAC results, aiming to have them excluded as evidence in court.
Most people who are stopped for DUI understand that if they submit to a breath test, they’re providing the law enforcement agency with evidence they will use against them. Although there’s a penalty for refusing to take a BAC test, many DUI suspects do so anyway. In Florida, you will face an additional charge and penalty for refusing to submit to a BAC test because of implied consent laws. Those laws state that when you signed for your driver’s license, you also consented to take these tests when lawfully requested. If you refuse, you will face a license suspension of up to one year for a first offense.
Factors such as the calibration of the breathalyzer machine, the officer’s adherence to protocol, and even the driver’s medical conditions can all impact the reliability of the results. Medical conditions like diabetes and GERD can contaminate a breath sample, leading to false-positive results.
Understanding DUI Arrests and Breath Tests
A DUI arrest can be a daunting experience, especially if you’re unsure of the process. In most states, a law enforcement officer can pull over a driver suspected of driving under the influence of alcohol or drugs. The officer may request the driver to take a chemical test or perform field sobriety tests to determine if their blood alcohol content (BAC) is above the legal limit. A breath test is a common method used to measure a driver’s BAC. However, it’s essential to understand that a breath test is not always accurate and can be flawed. Factors such as the calibration of the breathalyzer machine, the officer’s adherence to protocol, and even the driver’s medical conditions can all impact the reliability of the results.
Is It Worth Refusing to Take a Breathalyzer Test After a DUI Stop?
Sometimes, refusing the breath test makes it easier to prevail in court, even though it may lead to a long-term license suspension. A failed breath test does not automatically lead to a conviction, and it is crucial to hire an experienced DUI attorney to challenge the results. There are generally two ways a person is considered to have refused to take a breath test:
- The suspected individual refuses to blow into the breathalyzer machine
- The suspected individual blows into the machine but fails to blow hard enough — whether intentionally or because of a medical condition — for the breathalyzer to work properly
In either of the above scenarios, the police officer will note that the suspect refused the breath test; whether or not you intended to is irrelevant. The judge may dismiss the charge of refusing the breath test if you’re found guilty of DUI; however, it’s possible this charge will stick, even if the DUI itself is ultimately dismissed. The first step to protect your driver’s license is to challenge the DUI refusal in court to prevent the consequences that start soon after a charge for refusing to blow.
You may challenge a DUI administrative license suspension with the help of an attorney. Before your criminal case, you can attend an Administrative License Suspension Hearing, during which the DMV decides whether to suspend your license for refusing a breath test and for how long.
Although it’s technically illegal to refuse a breath or chemical BAC test at the time of a DUI stop, preventing police from obtaining a key piece of evidence could help your case significantly.
Without these test results, the court must rely on what may be inconsistent or questionable testimony from the arresting police officer and the results of field sobriety testing.
Though you might still face a driver’s license suspension if your Administrative License Suspension Hearing doesn’t conclude in your favor, it might still be possible to avoid jail time if there’s no concrete evidence of intoxication.
Consequences for Refusing a Breath Test in Florida: Potential DUI Conviction
Those who refuse to take a BAC test — whether a breath, blood, or urine test — may face a license suspension of up to one year if it’s their first offense. For a second or third refusal, the defendant may face a suspension of up to 18 months. The legal implications of a drunk driving arrest are significant, and it is crucial to understand one’s rights during a DUI stop. If you refuse for the second or third time, Florida law may prohibit you from obtaining a hardship license.
Flaws in the DUI Arrest Process
While law enforcement officers are trained to follow procedures, mistakes can still occur during a DUI arrest. One common flaw is the improper administration of the breath test. If the officer fails to follow the correct protocol, the results may be inaccurate. Additionally, the breathalyzer machine itself can be faulty or not calibrated correctly, leading to false readings. Furthermore, certain medical conditions, such as diabetes or acid reflux, can also affect the accuracy of the breath test results. These flaws can significantly impact the outcome of a DUI case, making it crucial to scrutinize every aspect of the arrest process.
Strategies for Winning a DUI Case
If you’re facing a DUI conviction, it’s crucial to have a solid defense strategy. One approach is to challenge the breath test results, highlighting any flaws in the administration or the machine itself. Your attorney can also investigate the arresting officer’s conduct, looking for any inconsistencies or improper procedures. Additionally, if you have a medical condition that may have affected the breath test results, your attorney can use this as a defense. It’s also essential to gather any evidence that may support your case, such as witness statements or video footage. By meticulously examining every detail, you can build a robust defense to challenge the DUI charges.
How Criminal Defense Attorney Brian Gabriel Can Help Your DUI Case
If you’re facing a DUI conviction, it’s essential to have an experienced attorney on your side. Criminal Defense Attorney Brian Gabriel has over 30 years of experience in handling DUI cases. He has extensive knowledge of toxicology testing and has led an effort to prevent DUI BAC test results from being used as evidence in court. He can help fight to preserve your driver’s license and prevent a DUI conviction from spoiling your future. He offers free consultations for those in need of competent and reliable DUI defense in the West Palm Beach area.
Next Steps After a DUI Arrest
If you’ve been arrested for a DUI, it’s essential to take immediate action. First, contact Criminal Defense Attorney Brian Gabriel, who can guide you through the process. Your attorney can help you understand the charges against you and develop a defense strategy. It’s also crucial to gather any evidence that may support your case, such as witness statements or video footage. Additionally, your attorney can help you navigate the administrative process, including any license suspension or revocation. By taking prompt action, you can increase your chances of a successful outcome in your DUI case.
Contact a Knowledgeable DUI Lawyer Today
At The Law Office of Gabriel & Gabriel, Criminal Defense Attorney Brian Gabriel has been helping individuals fight DUI charges for more than 30 years. His goal is to fight to preserve your driver’s license and keep you from spoiling your future because of a single mistake. He has extensive knowledge of toxicology testing and has led an effort in the county to prevent DUI BAC test results from being used as evidence in court after discovering a significant flaw in the machines used by Florida law enforcement agencies.
When you need competent and reliable DUI defense in the West Palm Beach area, turn to Criminal Defense Attorney Brian Gabriel. He will handle your case using all the knowledge and skills developed over the span of his career. Start with a free consultation today by calling (561) 622-5575. You can also complete an online contact form to learn more.