Failing a breath test often feels like a guarantee that you are going to be convicted on DUI charges. If an officer says that you are over the legal limit, it feels like they have irrefutable evidence that you were driving your vehicle while impaired. You are likely worried about incarceration, financial fines, losing your driver’s license, the impact on your reputation and much more.
For this reason, it is important to remember that there are ways to challenge a breath test. It certainly does not guarantee a conviction. It is just one piece of evidence in your case.
Training and mistakes
First and foremost, an officer needs proper training to know how to administer a breath test correctly. Maybe you believe that the officer made clear mistakes that compromised the integrity of the test. Maybe there is evidence that they were never properly trained, so it is unclear if they administered the test correctly or not.
Issues with the device
In some cases, you may question the functionality of the breath test itself. One common issue is when routine maintenance has not been carried out and the breath test has not been calibrated recently. It may be true that the test claimed you were over the legal limit, but was that reading even accurate?
Your legal defense options
It is natural to feel concerned about the future when you are facing serious DUI charges. But as you can see, there are often legal options you can explore, even with a failed breath test. It can help to work with an experienced criminal defense attorney in Florida accordingly.