Breathalyzer Test

Tampa Florida Breathalyzer Tests

An important part of a DUI criminal case is your attorney’s ability to have evidence suppressed. This will also play a major part in your DMV hearing. If your Tampa DUI attorney can prove that the breathalyzer test which was administered gave an inaccurate reading, that evidence may be suppressed and therefore your charges could be dropped altogether, or you will face lessened charges and penalties. In addition, because of recent events surrounding the intixilyzer 8000 (the breathlyzer used in Florida), many judges refuse to admit the results of a breath test in evidence.

DUI (driving under the influence) cases can be complex and technical, particularly pertaining to breathalyzer tests. Your Tampa DUI lawyer will need to understand these tests and their faults and will need to have the resources to provide evidence of a faulty machine or improperly administered test. If your attorney can prove that your blood alcohol level was not accurately measured, your case can take a turn for the better.

At Parks & Braxton, we are attorneys with experience in defending clients throughout Florida who have been arrested for DUI. We understand the entire DUI court process and guide our clients through it in order to help them achieve the result they are hoping for, for their particular case. We have over 40 years of combined legal experience and understand Florida law as it applies to driving under the influence and breath tests.

The Faults of a Breathalyzer Test

In the State of Florida, the breathalyzer machine used to test a person’s blood alcohol concentration (BAC) is the Intox 8000. There are several areas where a breathalyzer test can go wrong. In addition, the prosecutor is required to prove that the person was above the legal limit at the time of driving as opposed to the time of the test. It is the job of your Tampa DUI lawyer to prove how and where your breath test went wrong.

Every breath testing machine used in Tampa and throughout Florida must be properly maintained and calibrated, as well as subjected to accuracy tests in order to be sure the machine is in working order. If this did not occur with the machine that was used to determine your blood alcohol concentration (BAC), your attorney may be able to use this valid defense to have that evidence suppressed. Additionally, if the person administering the test did not follow exact procedure in giving you the test, this may be grounds for dismissal.