St. Petersburg DUI & BUI Attorneys

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 Leavengood & Nash, 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 Leavengood & Nash 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!