Key West DUI – Fighting the Breathalyzer Test

When you investigated under suspicion of driving under the influence of drugs or alcohol in Key West, there are a variety of tests that the police officer will administer to confirm his or her suspicions. One such test is a breath test, which is designed to measure whether your Blood Alcohol Content (BAC) is over the legal limit of .08 (or .02 if you are under the age of 21). There are ways to call into question the results of this important piece of evidence. If you or a loved one has recently failed a Key West Breathalyzer test and been charged with a DUI, give attorney Alan Fowler a call immediately to discuss your case. You have options available to you!

Many of my clients are surprised to find out that, even when they fail any or all of the DUI tests (field sobriety, Breathalyzer, and chemical), there are still defenses that can be asserted to reduce or completely eliminate the charges against them. While the police and prosecution in your case may make you feel like this is a losing battle, they have a high burden of proof to establish that your normal faculties were impaired due to drugs or alcohol. Before they do, there are a lot of defenses available to defeat their evidence, including the results of a breath test, commonly called a Breathalyzer. When it comes to fighting the results of a breathalyzer test, there are strategies to challenge the admissibility of the test results, including:

• Was the Breathalyzer properly calibrated and tested pursuant to Florida regulations?
• Was the officer who administered the test certified as a Breath Test Operator?
• Were you given proper instructions performing the test?
• Did the officer properly observe you for at least 20 minutes prior to administering the tests?
• Were the other issues at play that could have interfered with proper results?

If there was an issue with any of the items above, the results from your breath test may be excluded from the case evidence. Without this very important piece of evidence, the prosecution in your case will have a more difficult time proving their case.

Attorney Alan Fowler knows all the defenses when it comes to a Key West DUI and Florida breathalyzer tests and will fight to limit the impact these charges have on your life. Just because you are charged with a DUI does not mean that you will be convicted of it! Time is of the essence when it comes to these serious charges, so pick up the phone today and give Alan a call at 305.912.2516!