DUI Cases with a Breath Test
There are a number of different theories about whether someone should submit to a breath test if they are stopped for DUI in Fort Walton Beach. As a general rule, it is better for your case if you refuse to provide a breath test if you have been drinking. However, that does not mean that your case is hopeless or cannot be won if you blew over the limit. Your defense attorney’s job is to challenge the breath test results and make sure the data is reliable before advising you to plead guilty.
As a DUI defense attorney with over 13 years of experience, I understand the forensic and scientific issues involved in breathalyzer accuracy. I have the necessary knowledge and expertise to challenge DUI charges with a breath test when there is evidence to suggest that the breathalyzer results are not reliable.
If you are facing a DUI charge with a breath test in Fort Walton Beach, call Robert Dees at 850-439-0999 to schedule a free consultation to discuss your case.
Defending a DUI case with a breath test
The police and Sheriff department use the Intoxilyzer 8000 to administer breath tests. Researchers have conducted tests on the reliability and dependability of the Intoxilyzer 8000 and have cast doubts on its accuracy. In other words, just because a machine suggests you were intoxicated, that doesn’t necessarily mean that you were.
When someone consumes alcohol, it is absorbed into the stomach and intestines through the blood. Most alcohol absorption occurs in the small intestine. From there it is broken down in the liver. The rate at which the liver breaks down the alcohol varies from person to person but a general rule of thumb is about one drink per hour. If you drink more than that per hour, the liver can’t break it down fast enough, so it is reabsorbed by the blood and causes intoxication.
Before accepting the results of the breath test, we will conduct a thorough review of all the factors that could have affected the machine or the result it supposedly produced. Those factors include:
- Whether the police lawfully pulled you over in the first place.
- We will examine whether you were lawfully arrested.
- We will review police reports and video evidence to verify whether the officer followed the correct procedures prior to giving you the breath test.
- We will subpoena the accuracy, usage, and maintenance records for the machine in question to determine whether it was operating within compliance.
- If there is any reason to think that the accuracy of the result is in question, we will file a Motion to Dismiss seeking to have the breath test excluded from evidence.
The main thing to keep in mind is that just because your breath alcohol was over the limit according to the machine, there are still things an effective Fort Walton Beach, Destin and Pensacola DUI defense attorney can do to affect the outcome. My job is to scrutinize every aspect of your case in hopes of discovering mistakes made by the officer that give us a chance to either win your DUI case or at least secure a reduced charge of Reckless Driving.
Call a DUI attorney if you took a breath test
There is no doubt that your case is tougher to win if you submitted to a breath test and it came back over the limit. I won’t make you any false promises, or bluster about winning your case guaranteed. You will have to decide whether it is worth it to hire an experienced Fort Walton Beach DUI attorney to examine your case carefully and methodically. For some people, it is not worth it and they just plead guilty. For others, the outcome is important to them. For those clients, it is important to know that they did everything they could to get the best result possible.
If you are unsure whether you want to fight your case or not, I suggest that you give me a call. I promise to give you an honest answer about whether I feel like I can help you. And if I don’t think I can do any better for you than you could do on your own, I will tell you that. I will never take money from a client unless I honestly feel like I can do some good for them.