The Breath Test

The breath test, also referred to as a portable breath test (PBT), or breathalyzer, is a common way law enforcement officers test the blood alcohol concentration (BAC) of a driver to determine if he or she is operating a vehicle while legally impaired by alcohol or drugs.

Because many DUI and BUI cases come down to the blood alcohol level of the driver, breath testing can play a major role in whether or not you are convicted. At LeavenLaw, our experienced defense attorneys know what to look for in faulty breath testing. Machine and operator error as well as violations of the driver’s rights can cause the results of a breath test to be suppressed evidence – making all the difference in the outcome of your case.

The Faults in Florida Breath Testing

There are several factors that may interfere with a breath test and provide the grounds to suppress your blood alcohol concentration evidence.

  • The police officer’s radio, if on, can interfere with breathalyzer results.
  • Drinking just prior to the stop – your actual blood alcohol level may be below the legal limit, but because it is fresh it may read too high in the breathalyzer.
  • If your body is still absorbing/eliminating alcohol, the test will be inaccurate.
  • If the machine was improperly calibrated.
  • If the test was not performed properly (if the officer asked you to “keep blowing”).
  • If the machine was not certified.

The experienced lawyers at LeavenLaw are prepared to assist you with your St. Petersburg or Tampa DUI charge. Our aggressive courtroom techniques and knowledgeable approach are what you need to have a chance to beat your charges.

Have you been arrested for DUI? Contact our offices today!