DUI Defenses If You Failed a Breath Test

DUI Defenses If You Failed a Breath Test

Florida DUI convictions can have serious ramifications. In the State of Florida, DWI and DUI convictions can result in heavy fines, loss of employment, limited job prospects, and even jail time. If you have been charged with a DUI offense, you want an experienced defense attorney in your corner representing you at every stage of your case.

Basis for Legal Challenges

Florida DUIs can be challenged on constitutional, legal, and/or administrative grounds. An experienced St. Petersburg DUI defense attorney may be able to raise legal defenses on your behalf, enabling your case to be dismissed at trial. Some common defenses include the following:

• Challenging a stop. A defense attorney may be able to challenge a stop if the condition of the testing instruments is questionable or if the State does not have (or does not introduce) the necessary evidence at trial.
• Challenging a field sobriety test. A field sobriety test can be challenged if you have certain physical disabilities or limitations, such as a bad back or bad knees, which could have affected your ability to properly perform a field sobriety test (and which the officer did not take into account).
• Challenging a breathalyzer test. Breathalyzer machines are subject to very stringent maintenance requirements, and if the breathalyzer machine is not properly maintained, that could be a basis for suppressing the evidence. Moreover, breathalyzer testing must be done in a specific manner. If the officer failed to follow the proper protocol, the breathalyzer evidence has a chance of being suppressed.
• Challenging the traffic stop. Police officers are not permitted to engage in random traffic stops. In order to pull a vehicle over, the officer must first have reasonable suspicion to believe that a traffic offense was committed, such as speeding. If reasonable suspicion for the stop is lacking, the traffic stop could be challenged, and any subsequent evidence obtained could be suppressed.

Contact an Experienced St. Petersburg DUI Defense Attorney Today

If you have been charged with a Florida DUI offense, it is absolutely essential for you to have experienced legal representation throughout your case. If you are interested in learning how our experienced DUI defense attorneys can potentially help you obtain a favorable result in your case, you should contact Khonsari Law Group today at 727-269-5300, or contact us online for a free initial consultation. ¹https://www.flhsmv.gov/driver-licenses-id-cards/education-courses/dui-and-iid/ ²https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.1932.html.