When police officers suspect a person is driving under the influence of drugs or alcohol, they have the right to pull over the driver and test his/her blood alcohol content (BAC) level. Blood alcohol content refers to the amount or concentration of alcohol that is currently in a person’s blood. In Florida, it is illegal to drive if BAC levels reach 0.08% or higher. Any person found driving with a BAC level exceeding the legal limit will be arrested and charged with DUI.
The quickest and most popular way to measure a driver’s BAC level is with a breathalyzer machine. In Florida, most police officers use the Intoxilyzer 8000. The Intoxilyzer 8000 and other breathalyzer machines measure the concentration of alcohol found within a person’s lungs after he/she blows into the machine. However, these machines are not 100% accurate, and are subject to inaccurate readings and human error. There are a number of reasons that could cause a breathalyzer machine to give an inaccurate reading, such as:
- Human error
- Manipulation of the instrument by law enforcement officers
- Improper use
- Defective equipment
- Machine defect
- Radio frequency interferences
- Officer was not properly trained on how to operate the machine
- Driver’s mouth alcohol is contaminated
- Dentures or partials containing pre-existing mouth alcohol
- Inhaler use
- Whitening strip use
- Chemical contact
- Driver’s body temperature is inaccurate
- Driver’s health and diet
- Driver has certain medical conditions like diabetes or gastric bypass that could affect the accuracy of the machine
As a top DUI attorney, Mr. Roden has extensive experience defending clients who were arrested after taking a breathalyzer test. Mr. Roden challenges the validity and accuracy of breathalyzer machines in court, and asks such questions as, "Did the officer wait 20 minutes before administering the test;?" "Did the officer have his/her radio on during the test;?" "Was the officer’s initial stop and arrest lawful?" and "Was the machine calibrated properly?"
In addition to breathalyzer machines, police officers can also determine a driver’s BAC level by means of a blood test. In situations where an officer suspects a person is driving under the influence of drugs, he/she can require the driver to also take a urine test. All of these tests can be suppressed or thrown out under certain circumstances.
Contact Ft. Pierce DUI Attorney
Ft. Pierce DUI defense attorney Jerry Roden has the experience, dedication, and cutting-edge defense tactics to defend your rights, and increase your chances of obtaining a favorable outcome in court. Mr. Roden is extremely familiar with breathalyzer, blood, and urine testing, and is not afraid to challenge the accuracy of these tests in court. Mr. Roden works with a team of highly trained and skilled professionals who are dedicated to fighting law enforcement officials on your behalf. Furthermore, Mr. Roden provides all of his clients with aggressive representation, individualized attention, compassionate care, and an unparalleled level of professionalism and dedication.
If you are in need of a Ft. Pierce, Treasure Coast or Space Coast DUI attorney, contact Jerry Roden today! Mr. Roden also represents clients in St. Lucie County, Martin County, Indian River County and Brevard County.