Understanding DUI Arrests and Breath Tests in Florida

Protect Your Rights Against DUI Charges with Rodriguez & Williamson, PLLC

Facing a DUI in Florida? Understand Your Rights Regarding Breath Tests

If you've been pulled over and suspected of DUI, you might be asked to provide a breath sample. Misunderstandings about your rights and the types of breath tests can lead to further complications, especially if you face DUI charges in Florida. Rodriguez & Williamson, PLLC, is here to ensure that you fully understand your case and rights.

Understanding Breath Tests

Breath tests help law enforcement determine whether an individual was under the influence of alcohol while operating a vehicle. These tests apply to drivers of cars, motorcycles, boats, and other vehicles. In Florida, there are two primary types of breath tests:

• Preliminary Breath Tests (PBT): Conducted in the field during a traffic stop. These portable devices measure breath alcohol content but are usually inadmissible in court.
• Breathalyzer Tests: Administered post-arrest at the police station, these tests are more accurate and admissible as evidence if the machine is properly calibrated.

The Right to Refuse a Breath Test in Florida

In Florida, you can refuse a breath test, but it's important to understand the consequences. While a roadside PBT is typically voluntary, breathalyzer tests conducted at the station may come with automatic penalties if refused due to Florida's implied consent laws. Refusal can result in immediate administrative penalties and potentially be used against you in court.

Common Problems with Breath Tests

Breath test devices and their administration can be flawed. Common issues include:

• Device Errors: Poor calibration, chemical inaccuracies, or faulty programming
• Administration Errors: Lack of proper instructions, failure to provide Miranda rights, or untrained operators
• Inaccurate Readings: Health conditions, medications, certain foods, or diets like Keto

Challenging DUI Breath Tests

Rodriguez & Williamson, PLLC, will review your case to determine if your breath test results can be contested. We look for:

1. Device reliability and calibration history
2. Operator qualifications
3. Improper maintenance or record-keeping

Successfully challenging a breath test can lead to suppression of evidence, possibly resulting in dismissal or acquittal.

Get Expert DUI Defense Today

Even if you took or refused a breath test, you have the right to challenge DUI charges. Contact Rodriguez & Williamson, PLLC, at 813-320-7500 for a free consultation to discuss your case and potential defense strategies.