Did You Fail The Breathalyzer Test?
The Breathalyzer test measures a person’s blood alcohol level and provides one of the single most important pieces of evidence for prosecutors in a driving under the influence (DUI) case. There are specific procedural requirements that govern how the Breathalyzer test should be administered, and a missed step could provide the keys to a successful defense.
If you are facing charges for DUI and the prosecution is relying on breath test evidence to support its case, be sure that you have your case reviewed by a reliable defense lawyer. At the law firm of The Holman Law Firm, we provide comprehensive DUI defense representation to clients throughout northwestern Florida and across the state.
Understanding Your Rights
Florida law requires a 20-minute observation period before the police officer is allowed to administer the Breathalyzer test. In addition, law enforcement must read the implied consent statement to you to inform you of the law and your rights. If the officer does not observe the full 20-minute waiting period or fails to read the implied consent statement, it could present the opportunity to have the breath test evidence suppressed.
While refusing the Breathalyzer test will result in the automatic suspension of your driver’s license, it is important to note that you have the right to do so. Our Pensacola attorneys are committed to pursuing every available option to help you avoid a DUI conviction on your record. Whenever possible, we challenge the validity of the Breathalyzer test based on the accuracy of the equipment, qualification of the operator or any other pertinent considerations.
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