Potential Defenses to a Breath Test
A breath test is the most common way that law enforcement will test a driver's blood alcohol concentration after a Fort Lauderdale DUI arrest. The driver must blow into this device, which will then determine the driver's blood alcohol concentration based off the amount of alcohol the device detects from his or her breath sample. If the driver shows a result of .08% or greater, he or she may be charged with DUI.
Although you may have taken and failed a breath test, there are actually various ways that a test of this kind may be challenged. Your attorney may bring up such questions as:
- Was the device properly calibrated and maintained?
- Did the officer monitor you for 15 minutes prior to the test to ensure you did not vomit, burp, smoke or drink?
- Could a non-alcohol related factor have caused you to have a high result?
- Was the rest administered properly?
- Was the person who administered the test properly trained and qualified to do so?
These are just a few examples. To determine the best approach to challenging your breath test results, it will require a thorough investigation of your particular case.
Contact Fort Lauderdale DUI Attorney Lloyd H. Golburgh today to learn about how we can help you fight your drunk driving charges.