Charles L. Truncale
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A Former Federal Prosecutor Who Now Fights For Defendants

How to cast doubt on a Breathalyzer test

In Florida , a driver is said to be too impaired to drive if his or her blood alcohol content is at .08 percent or higher. One way that a person's BAC is measured is by using a Breathlyzer test. This test involves a person blowing into a machine to get an estimate as to how much alcohol that person has had to drink.

These machines are considered to be highly accurate, but it is possible to contest a test's accuracy in a given case. Generally speaking, these machines are expected to be tested and calibrated at regular intervals. Failing to do so could cast doubt on the results it provides, and those results could be challenged in court. It is important to note that the person administering the test must be trained and certified to use the device.

Furthermore, that person must certify that the test subject had not eaten, smoked or vomited in a predetermined period before the test. The machine used to test an individual must also register two readings within .02 percent of each other to be considered valid. If any of these guidelines were not followed, it may be possible to move to suppress evidence gathered from a Breathalyzer test. This may mean that the government needs to use other evidence in an effort to obtain a conviction.

Individuals who are charged with DUI may benefit from the assistance of a drunk driving defense attorney who can move to have evidence suppressed or work to cast doubt on evidence. In other cases, it might be advisable to negotiate a plea agreement that would reduce the severity of the penalties.

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