DUI Breath Test

Many individuals charged with driving under the influence (DUI) in Tampa believe that the DUI breath test is unbeatable evidence that will lead to their conviction every time. Even if you think the breath test is the ultimate  in evidence of DUI, there are many ways for a good attorney to fight it. Often considered unreliable by its very nature, the Florida breath machine provides a wide range of possible defenses for a skilled Tampa DUI attorney.

At Musca Law, we can work with you even if your breath test reading came in at a .15 or greater. Pre-trial motions for exclusion of evidence and use of other pre-trial procedures can often lead to a dismissal of your charges or, at the very least, a reduction to something less serious.

What’s Wrong With The DUI Breath Test?

A good Tampa DUI lawyer will tell you that the breath test just does not provide the reliable results it claims to provide. It can often spit out false results on the basis of conditions like acid reflux disease or when a person has belched in the preceding 20 minutes. Likewise, the test is sensitive to bodily conditions and short-term illnesses that will raise the blood alcohol level above what it should be. Contact Musca Law to discuss your options with Tampa DUI attorneys that understand the faults of Florida’s breath test method.

Florida courts have run hot and cold on the breath tests, and many courts see them as “mystical” machines that give out results that should not be relied upon in court. Because of this, Tampa DUI lawyers can fight use of the test evidence when it would otherwise be allowed in court. Pre-trial motions to suppress are often successful and other means of fighting the test are also available. These means include criticizing the arresting officer’s conduct and moving for further inspections of the machines used.

Defenses Under the 20-Minute Observation Rule

In order to ensure the legitimacy of tests, Florida law requires that officers observe DUI suspects for 20 minutes prior to administering the breath tests. If an officer fails to do this, then the results of the test can be invalidated. This type of defense often leaves the state with little basis to its case, and a dismissal will typically follow.

Understand that an incriminating DUI breath test reading is not the end of the line. Contact Musca Law and let our skilled attorneys explain the many options for winning your case.