Breath Tests

DUI Defense Lawyer in Lakeland

A driver's conduct or appearance may, according to a police officer, shows signs of intoxication. If so, an officer will commonly ask the driver to perform several field sobriety tests. When the officer feels the results show driving under the influence, the individual will be arrested and asked to take a breath test.

Florida uses a machine named the Intoxilyzer 8000 to determine a person's blood alcohol level (BAC). If your BAC is shown to be .08% or more, this will be used as evidence against you at your DMV hearing and in your criminal court case.

A committed Polk County criminal defense lawyer can prove vital to an effective defense in a DUI case if you refused to take a breath test when you were arrested. Our state laws mandate that a person who refuses to take a breath test will suffer a suspended license for a period of 1 year. In addition, you face a term of up to 1 year in jail for your refusal. I am William D. Sites, Attorney at Law, and if you were arrested based on breath tests, I want to hear your side of the story.

Refusing to Take a Test

The Intoxilyzer 8000, used to determine BAC, can fail to identify other compounds which may react on the machine, like isopropyl alcohol. Certain physical conditions can create this alcohol in the mouth and skew the results. There are specific protocols which must be followed by the police in order for the device to be accurate and if any part of the process is violated, the test will not show the true state of a person's intoxication.

Refusing a breath test can place you in a tough legal situation but there are, in specific cases, ways to successfully defend what occurred. If you were not told of the repercussions of refusal or were not able to perform the test due to an injury or medical condition, these may provide an effective defense. At times, a misunderstanding on the part of the driver or officer can make it seem that there is a refusal when this was not actually the case.

With 22 years of criminal defense experience, I want to provide you with the opportunity for a favorable outcome to your case.

Contact a Polk County DUI defense attorney to find out how breath test refusals and results can be defended.