The Role of Breathalyzer and Blood Test Results in Florida DUI Cases
Facing a driving under the influence (DUI) charge in Florida is not something to take lightly. A DUI conviction can result in significant penalties. Central to Florida DUI cases are the results of breathalyzer and blood tests. Breathalyzer and blood test results can serve as critical evidence in a Florida DUI case. Understanding how these tests work and their role in DUI cases can help defendants and attorneys navigate the complexities of these cases. At Joshi Law Firm, PA, we’re here to help you understand how breathalyzer and blood test results work, their role in your DUI case, and how you can defend your rights.
What Is the Role of Breathalyzer and Blood Tests in Florida DUI Cases?
Under Florida law, the legal threshold for impairment for drivers aged 21 and above is a blood alcohol concentration (BAC) of 0.08%. For drivers below the age of 21, the limit is 0.02%, whereas for commercial drivers, the limit is 0.04%. Exceeding the legal BAC limit can result in harsh penalties, including substantial fines, potential jail time, and license suspension. Chemical tests such as breathalyzer and blood tests are central to determining a driver’s BAC. Breathalyzer and blood test results are crucial for law enforcement and prosecutors in building DUI cases. However, these chemical tests are not error-free. Various factors can impact the reliability of these tests.
Understanding Breathalyzer Tests
Breathalyzer tests are the most commonly used method to measure a driver’s BAC. A driver blows into the breathalyzer, and the device estimates their BAC. Breathalyzers offer immediate results. However, several factors can affect their accuracy, including the following;
- The device’s accuracy. For instance, its calibration.
- The driver’s physical condition. Certain conditions, such as GERD, can affect breathalyzer test results.
- The police officer’s training
Understanding DUI Blood Tests
A blood test involves taking a blood sample from the driver and analyzing it. DUI blood tests are typically thought to be more reliable than breath tests as they measure the amount of alcohol in the bloodstream. However, this method is not infallible. Several factors can influence the results of a DUI blood test, including the following;
- Timing of the test
- Not following the proper procedure to collect a sample
- Potential contamination of the sample
Challenging Breathalyzer and Blood Test Results
Because of the potential of DUI chemical tests to be inaccurate, it is vital for defendants to seek legal counsel to understand how they can challenge the evidence if necessary. The following are some ways to challenge breathalyzer and blood test results in a DUI case;
- Questioning the device’s accuracy
- Assessing the officer’s, operator’s, or professional’s competence
- Investigating medical conditions, such as GERD, acid reflux, or ketosis
- Investigating chain of custody violations
You can also argue ‘lack of probable cause’ in your DUI case if the officer didn’t have a valid reason for pulling you over. In such a case, any evidence obtained, including chemical test results, may be inadmissible in court.
Contact an Orlando DUI Lawyer
Are you facing a DUI charge in Florida? At Joshi Law Firm, PA, we are dedicated to protecting your rights. Our Orlando DUI lawyers can help you understand the role of breathalyzer and blood test results in your case, explore potential defenses, and navigate the complex legal process. Contact us today at (407)- 661-1109 to schedule a consultation and start working on your case.
Source:
flhsmv.gov/driver-licenses-id-cards/education-courses/dui-and-iid/florida-dui-administrative-suspension-laws/#:~:text=Under%20Florida%20law%2C%20Driving%20Under,08%20or%20above.
