FOCUS AREA: D.U.I.

THE BREATH TEST                            

We win a breath case at trial because the prosecutor can NEVER prove that a Defendant had a breath alcohol level of .08 or more - WHILE DRIVING.

The average length of time between "driving" and the breath test is about 1 1/2 - 2 hours. Why does it take so long?  Consider this:

A breath test should be given to a suspect no later than 50 minutes following the time of driving! If not, it is only a "guess" as to what your breath level was at the time of driving.   In this country, a jury is not allowed to convict someone based upon a "guess."

Other challenges to a breath test include: false teeth, pace maker, diabetes, air bag talc, acetone, fever, radio interference, tap water solution, improper maintenance of the breath machine.

Our firm has won DUI breath cases based upon each of these defenses!

DUI LINKS AND RESOURCES

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Florida Department of Highway Safety and Motor Vehicles

National Highway Transportation and Safety Administration

Florida’s Licensed DUI Programs

Florida Statutes Online