When you are pulled over for DUI in Florida, you will likely be asked to take various tests, including field sobriety or chemical tests.
You have a right to refuse field sobriety tests. Although you can refuse a chemical test, such as a breath test, the refusal comes with automatic penalties.
Therefore, you may decide it is better to take the test and hope for the best. But what if you take a breath test and fail?
A failed breath test does not necessarily mean you have no defense against a DUI charge. A thorough investigation into the circumstances of your case could reveal errors with the breath test that could be used as a defense to a failed test.
Look for administrative errors
The police officer must use an approved the device and administer the test to you according to strict requirements.
The device must be properly calibrated and maintained. It must be functioning correctly when it was used.
Even if you chose to take the test anyway, the police officer was required to tell you that you had a right to refuse. If you were not told this, the test results could be inadmissible.
Arguing the test results were wrong
Several situations can produce inaccurate breath test results. Medical conditions, such as diabetes or acid reflux, might affect the results.
Using mouthwash or smoking before taking the test could cause inaccurate results, as could certain medications or even specific diets.
A failed breath test does not automatically you will be convicted. A failed breath test is often the prosecution’s strongest evidence. Without it, their case could fall apart.
Do not let a failed breath test cause you to plead guilty or admit to driving while intoxicated. Exercise your right to remain silent and start examining any potential defenses.