Fort Lauderdale DUI Lawyer Lawrence B. Wolk Calls on Faults of Breathalyzer Test in Drunk Driving Defense
When you're pulled over and a police officer suspects you of driving under the influence of alcohol or drugs (DUI), he or she will likely ask you to submit to a chemical test to determine if your blood alcohol level is above .08 percent, the legal limit in Florida. One of the most common of these chemical tests is the breathalyzer - a device that estimates your blood alcohol level by having you blow, or breathe, into a mechanical device.
Should your blood alcohol level read higher than .08 percent, the police officer will take your driver's license and place you under arrest and transport you to the city or county jail. Your car may be impounded and you may be held for several hours, until your sobriety returns and bond can be posted. The ordeal can be frightening and embarrassing and possibly have lasting effects on your life and liberty.
While the breathalyzer is certainly an effective tool in determining blood alcohol level, it does have its limitations. The equipment must be regularly calibrated and maintained, and the police officer needs to be properly trained and experienced in its use. Lawrence B. Wolk & Associates have questioned the accuracy of hundreds of breathalyzers and have seen first-hand how often this sort of equipment can work improperly. Questioning breathalyzer results can be an effective defense strategy.
One thing to consider when you're pulled over on suspicion of drunk driving is whether or not to allow yourself to be evaluated by a breathalyzer other chemical test, such as a blood or urine test. When you're issued a Florida driver's license, you automatically consent to this evaluation. If you refuse to have a breathalyzer or other chemical test of your blood alcohol content, your driver's license will automatically be suspended for one year. If you're stopped a second time and refuse again, your license will be suspended for 18 months. On the other hand, refusing to have your breath tested may make it harder for the state to prove you had a blood alcohol level higher than the .08 percent that qualifies as drunk driving. In most cases, if you're confident of your sobriety, it is in your best interest to submit to a breathalyzer or other chemical test of your blood alcohol content.
Furthermore, if you're suspected of DUI and involved in an accident that caused or death or significant injury, your blood can legally be drawn without your consent. Additionally, if you've passed out at the time of your arrest, a chemical test may also be administered without your consent.
Call Lawrence B. Wolk & Associates to discuss how a breathalyzer may play in the defense of your DUI case. 954-568-6900
