DUI In Florida

Reader’s Question:

I know that my sister’s DUI charge in Southwest Orange, Florida is something that she has to be serious about. I’ve read that the breath test is not 100% accurate and I have my own thoughts about it. How can we exclude the results of the breath test as evidence on her case?

Daphne

Southwest Orange, FL

The use of breathalyzers such as the intoxilyzer to measure one’s blood alcohol content has been widely criticized since law enforcement has utilized the device in an effort to seek convictions for those suspected of DUI. Because of that, a lot of safety measures have been put into place to minimize the number of innocent people who are being convicted. There are a lot of reasons that the court could rule in favor of excluding the results of the breath test in your sister’s DUI case in Southwest Orange, Florida.

The breath test machine needs to be maintained and serviced regularly to ensure accurate results. If it is not calibrated or serviced, that could be a ground for suppression of evidence. Likewise, if the officer did not observe your sister for a period of 20 minutes before administering the breath test, the results may be excluded. If the one who carried out the test is not properly certified and not current with his/her educational requirements, this would constitute a failure of legal procedure and any results acquired should be excluded from the evidence.

Tags: Accurate Results, Blood Alcohol Content, Breath Test, Convictions, Daphne, Dui Case, Dui Charge, Dui Florida, Educational Requirements, Failure, Intoxilyzer, Law Enforcement, Lot, Orange Florida, Safety Measures, Southwest Florida, Suppression Of Evidence, Test Machine