Miami Breath Test DUI Attorney

If you have been pulled over for possible intoxication, you better hope you blow under 0.08 on your breath test. A breath test plays a key role in the majority of DUI cases. Blowing more than .08 quite often seals the case for the prosecutor.

Breath tests measure the weight of alcohol in breath. A Breathalyzer works by detecting alcohol (ethanol) in the breath by measuring the amount of light absorbed by molecules in the breath at specific wavelengths. In Florida and all 50 states, a reading of .08% blood alcohol content is enough to arrest a person for driving under the influence.

If you want to challenge your DUI breath test, contact a Miami breath test DUI attorney from Asilia Law Firm. We know how to investigate the circumstances surrounding a traffic stop to determine whether a breath test was conducted fairly and in accordance with the law.

Defenses to Breath Tests

Defenses to DUI breath tests can vary depending on the circumstances of the case, but here are some common defenses that are often used:

• Accuracy of the Breathalyzer device. Challenging the accuracy of the breathalyzer device used to conduct the test. This could involve questioning the calibration of the device, the maintenance records, or any issues with its functioning.
• Operator error. Arguing that the person administering the breath test was not properly trained or made errors during the administration of the test, which could have affected the results.
• Medical conditions. Certain medical conditions or factors such as acid reflux, diabetes, or certain diets can potentially produce false positives on Breathalyzer tests. Medical documentation or expert testimony may be used to support this defense.
• Rising blood alcohol concentration (BAC). Alcohol absorption in the body is not instantaneous and it takes time for alcohol to be fully absorbed into the bloodstream. It’s possible that a person’s BAC was rising at the time of the test, meaning it was lower at the time of driving.
• Mouth alcohol contamination. Certain substances in the mouth, such as mouthwash, dental products, or even residual alcohol from belching, can lead to falsely elevated BAC readings.
• Violation of constitutional rights. Any violation of the defendant’s constitutional rights during the stop, arrest, or administration of the breath test could lead to suppression of evidence.
• No probable cause for stop. If the initial traffic stop was conducted without probable cause, any evidence obtained thereafter, including the results of the breath test, may be inadmissible.

Contact Asilia Law Firm Today

Breath tests play a significant role in DUI enforcement by providing evidence of impairment. However, it’s essential to ensure that breath testing procedures are conducted in accordance with applicable laws and regulations.

Breath tests are not always fair and accurate. A Miami breath test DUI attorney from Asilia Law Firm can help defend you by challenging the validity of a DUI breath test. Schedule a consultation today by filling out the online form or calling (786) 420-3014.