Breath and Blood Test Cases in Miami
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If you were pulled over and suspected of drunk driving, can you refuse a Florida breathalyzer test? Nobody wants to think about this question, but everybody needs to know. Your driver’s license will be automatically suspended in Florida for at least a year if you refuse to take the blood alcohol (BAC) test. Under the state’s implied consent law, a DUI-suspected driver should submit themselves to the police officer as long as his or her suspicion has probable cause. In reality, refusing a BAC test doesn’t guarantee you won’t be convicted of DUI.

On the other hand, many drivers who took and failed their BAC test assume that they cannot fight their DUI conviction. Fortunately, in most cases, this is false. 


DUI Charges in Florida for Failed BAC Tests

In Florida, a BAC test result of 0.08% and higher for 21-year-old motorists means you committed a DUI and 0.02% for drivers below 21 years old. In this case, the jury or judge can presume you were illegally intoxicated while driving. In other words, if your BAC results will be used as evidence in court, the judge can also presume that your faculties were impaired. 

However, a skillful and experienced Florida DUI attorney will know the best defensive strategies to get a favorable result in the courtroom. With our expert DUI lawyers, we will fight failed BAC tests for you to avoid conviction and lifetime consequences, including future employment. 

Legal Strategies to Win DUI Charges for Failed BAC Tests

The first thing you must do is find a brilliant Miami DUI attorney who has had success in defending cases like these in the past. Once you decide to work with our expert DUI lawyers, we must know everything that happened during the DUI stop. It’s crucial that you tell us if you think some conditions might have skewed the breathalyzer results or anything else that is significant to your case. After then, we will start investigating and prepare for a court appearance. While we use effective defensive strategies for DUI charges due to failed BAC tests, we understand every case is different.

Some of our strategies may include:

  • Proving the flaws of the breathalyzer machine. In some instances, the breathalyzer machine has its flaws leading to inaccurate BAC results. It is possible that it wasn’t up-to-date or calibrated correctly according to DUI policies for testing. In this case, we may request for an inspection of the breathalyzer machine used during the DUI arrest. 

  • Demonstrating other potential conditions that resulted in higher BAC results. Sometimes pre-existing conditions such as diabetes and acid reflux can yield falsely elevated results. In other cases, specific diets or products like mouthwash with alcohol could also skew the results. If no legal experts like us will question this, you might be wrongfully convicted.

  • Challenging the proper conduct of the police officer during the DUI arrest. Law enforcers need to follow certain protocols during DUI traffic stops. In the first place, they need to have legitimate reasons for pulling you over. When it comes to administering field sobriety and breathalyzer tests, they also need to follow guidelines and standards. 

  • Questioning if the police officer who conducted the tests is registered.  We will determine if the administering officer is registered because only a registered officer can operate the breathalyzer machine. 
Get A Free Consultation

Miami DUI Lawyer Group
1767 Northwest 79th Avenue
Miami, FL 33126

(786) 744-4256