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Blowing over the Legal Limit Does Not Necessarily Mean You will be Convicted of DUI

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Imagine the following scenario: you have three or four drinks at happy hour with friends, feel fine to drive, and get behind the wheel to get home. On the way to your place, you cut a yellow light a little closer than you would like, only to find yourself pulled over. The officer asks whether you have been drinking, and after your honest reply, he asks you to take a breathalyzer test and explains that you will lose your license (more on that later) if you refuse. Not wanting to lose your license and believing that you are fine, you blow, only to have your blood alcohol content measured at .09, .01 above the legal limit.

If you are like most people, you probably believe that the state has an open and shut case and there is nothing you can do. This is absolutely not the case, and there are many instances of people who have blown over the legal limit who are not convicted of driving under the influence (DUI). Some of the ways that breath test results can be challenged or kept out of court include:

  • Introducing evidence that you have a medical condition such as acid reflux that can result in unreliable breath test results
  • Showing that the officer that administered the breath test lacked the requisite training to do so
  • Introducing evidence that shows that the breathalyzer device was not properly calibrated
  • Establishing that the initial stop was not legally justified

If you refuse to blow, your license will be automatic suspended. However, what is often not explained to drivers is that that they can challenge the administrative suspension of their license for refusing to submit to a breathalyzer test. In many cases, people who refuse to blow never lose their driving privileges and are later not convicted of DUI.

Call a St. Petersburg Criminal Defense Attorney Today to Protect Your Legal Rights

If you have been arrested for DUI in St. Petersburg, you should contact a lawyer familiar with Florida law immediately. In many cases, there are legal defenses that an attorney can raise that could result in your case being dismissed or an acquittal. To schedule a free case evaluation with one of our lawyers, call the Khonsari Law Group today at 727-269-5300 or send us an email through our online contact form.

1 https://www.flhsmv.gov/driver-licenses-id-cards/education-courses/dui-and-iid/
2 https://www.leg.state.fl.us/statutes/

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