In the State of Florida, every person who accepts the privilege to drive a motor vehicle is deemed to have given their consent to submit to a breath test if they are arrested for the offense of DUI. A refusal to provide a breath sample will result in suspension of your driving privileges for a period of one-year for your first refusal and eighteen months if it is a subsequent refusal.
DUI Presumptions Pursuant to Florida Statute 316.1934, in any criminal proceeding for DUI, the following presumptions will be given for a breath or blood sample:
less than 0.05%: presumption is that the person is not under the influence of alcohol to the extent that their normal faculties are impaired.
greater than 0.05% but less than 0.08%: does not give rise to a presumption of impairment, but may be considered along with other competent evidence to determine if the person was under the influence of alcohol to the extent that their normal faculties were impaired.
0.08% or greater: this is considered prima facie evidence that the person was impaired.
Aggressive and Experienced DUI Defense Just because you provided a breath sample of 0.08% or greater does not mean that you are automatically guilty of DUI. There are many defenses to DUI that an experienced DUI Breath Test Lawyer can explore. Our DUI Breath Test Defense Lawyer is a former DUI Prosecutor who has over 15-years of DUI Trial Experience. He will utilize this experience in exploring each and every option that may result in dismissal or reduction of your DUI case. Some potential issues that may arise in your case may include:
Did the officer have probable cause to stop your vehicle?
Did the officer have probable cause to request you to perform Field Sobriety Exercises?
Did the officer have probable cause to make an arrest for DUI?
Did the officer advise you of your Miranda rights?
Did the officer advise you of Implied Consent?
Did the officer observe you for 20-minutes prior to the breath test?
Was the breath test machine properly calibrated?
If there was an in-car or body camera video, does it corroborate or contradict the officer's report?
These are only a number of the issues that our Orlando Breath Test Lawyer will explore in the defense of your DUI case.
Fight Back Don't be fooled by the fact that a DUI is only a misdemeanor offense. A DUI is a serious crime that can result in serious penalties. Even if this is your first offense, a DUI can result in hefty fines, probation, jail time, suspension of your driving privileges, substantial insurance rate hikes, and a criminal conviction. Our DUI Breath Test Lawyer will work with you to secure the best results. Email or call us today at 407-473-1233 and let us answer your questions and advise you how we will help you fight your DUI case. We offer a free and confidential consultation and offer reasonable rates and accept all major credit cards.
Call for Experienced Orlando DUI Breath Test Defense