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Challenging Breathalyzer Test Results


After being pulled over for a suspected DUI, a police officer will likely ask you to take a breathalyzer test. You are required to take this test under Florida’s implied consent law and if you refuse, your license will be suspended anywhere from one year to 18 months. Whether or not you should submit to a breathalyzer test will depend on the facts of your case. However, even if you do take it and you blow over the legal limit of 0.08, there are still ways you can challenge the results. A Florida criminal defense lawyer can advise on what those are, and help you get the original test results thrown out.

Should You Take a Breath Test?

Unfortunately, there is no one specific answer as to whether or not you should submit to a breathe test. If you believe that you will blow under the legal limit, it can help exonerate you and get your DUI charges dropped. Even if you think you will blow over the legal limit, or if you are fairly sure you will not and still do, there is hope. Depending on how the results are presented, they may not even be a factor in your case.

Challenging the Results

Breathalyzers often malfunction, which causes them to quite frequently provide inaccurate results. False breathalyzer results could be caused by:

Our Florida Criminal Defense Lawyers are Here to Help

If you have blown over the legal limit at a DUI stop, or have faced consequences for refusing a breath test, our Orlando criminal defense lawyers at O’Mara Law Group can help. Our experienced lawyers have a proven track record of success with DUI cases and can aggressively defend you against the claims of the prosecution. Call us today at (407) 634-6604 or contact us online to schedule a consultation with one of our skilled attorneys, and to learn more about how we can help.




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