DUI Attorney
in Pinellas, Pasco, Hillsborough & Greater Tampa Bay for
the Breathalyzer Test
On the subject of DUI law and testing one’s
breath for alcohol, there’s a lot of incomplete and
incorrect information out there. To sort through what is true
and what is false regarding DUI laws in the Tampa Bay area,
you should consult with an experienced DUI lawyer. To contact
a DUI attorney with offices in Clearwater, St. Petersburg,
and New Port Richey, call Tinny, Meyer & Piccarreto, P.A.
As a group of former Tampa Bay area prosecutors, we have the
necessary experience with DUI cases, and we can help you set
the record straight regarding breathalyzers and the rest of
Florida DUI law.
One common example of incorrect DUI information
is when you hear people use the term “DWI.” In
Florida, “DUI” is the correct legal term for “Driving
Under the Influence” of alcoholic beverages, chemical
substances, or controlled substances. “DWI,” short
for “Driving While Intoxicated,” is a term used
by other states.
Another subject that causes a lot of confusion
is the Breathalyzer breath test for alcohol. When you are
pulled over by police and you are under suspicion of DUI,
the officer may ask you to blow into a machine to measure
your blood alcohol level. Currently, Florida uses a breath
test machine called Intoxilyzer 8000, but many people use
the term “Breathalyzer” when they are speaking
of a breath alcohol test. Breathalyzer and Intoxilyzer are
brand names for two machines which measure blood alcohol in
different ways; a Breathalyzer uses a chemical reaction while
an Intoxilyzer uses infrared light. Over time, however “breathalyzer”
has become a generic term for the breath test in Florida and
across the United States.
One surprising fact about the breathalyzer
and the Florida breath test is the blood alcohol limit in
Florida. Like many other states, Florida considers a person
impaired when the breath or blood alcohol measurement is .08
and above. However, even if your breathalyzer, blood, or urine
test indicates a level below the .08 limit, you can still
be charged with a DUI if the arresting officer believes you
are impaired.
A final subject of controversy regarding the
breathalyzer and the DUI breath test in Florida is your refusal
to take the breath test. The breath test is considered voluntary
in Florida, but your refusal to blow into a breathalyzer could
result in a mandatory drivers license suspension for as long
as 18 months. License suspension is perhaps the most pressing
reason to hire a DUI attorney as soon as possible after a
DUI charge, as you can challenge your license suspension for
only a short time following your arrest in Clearwater, St.
Petersburg, New Port Richey, and the rest of the Tampa Bay
area. There are several legitimate defenses that a DUI lawyer
can use to fight a DUI charge, including:
- Is
the breath test instrument trustworthy, and is it working
properly?
- Will
medication, mouth alcohol contamination, or disability affect
the results of your chemical test or field sobriety test?
- Is
the breath machine being operated by a licensed, qualified
person?
- Are
other factors interfering with the accuracy of the breath
test?
- Were
the proper procedures followed during your DUI investigation?
While
your acceptance or refusal to take the breath test in Florida
is a personal decision, you don’t want to be convicted
of a DUI because of a faulty breathalyzer or an unqualified
breathalyzer operator. Whether you were tested in Pinellas,
Hillsborough, Pasco, or another Florida county, a DUI attorney
from our firm will be committed to investigating your case
and defending your rights. You can call Tinny, Meyer &
Piccarreto, P.A., at (727) 446-8600 and speak to a DUI attorney
24 hours a day. When you call, we’ll be glad to arrange
a free initial consultation in Clearwater, St. Petersburg,
New Port Richey, or Tampa.
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