Getting a DUI conviction on your record is serious. DUI breathalyzer tests are common for police to use if they suspect someone is driving under the influence. There are a lot of questions surrounding DUI breathalyzer tests and their use by the police. With the serious consequences involved, having the right information regarding DUI breath tests is critical.
What is the DUI Breathalyzer Limit?
The results of DUI breathalyzer tests are typically the most incriminating evidence for a DUI conviction because they detect the blood alcohol content (BAC) at the time of the arrest. All it takes in Florida is to blow .08 or higher to get arrested. If you have taken a DUI breath test and it was documented as .08 BAC or higher, you should contact a Clearwater DUI attorney right away.
Can You Refuse a DUI Breathalyzer Test in Florida?
You can refuse it – but there are consequences. A first-time refusal will result in a driver’s license suspension of 12 months. Florida does have a “hardship license” application process.
These consequences are difficult, but they are typically not as serious as having a DUI conviction on your record and the accompanying penalties. If you get convicted, you can expect your sentence to include at least one of the following:
- Jail time
- Fines
- Suspension of your Driver’s License
- Impounded vehicle
- Community Service
- DUI School
- Ignition Interlock
Carefully consider taking a DUI breathalyzer test and contact a Clearwater DUI attorney as soon as possible.
Can You Be Convicted of a DUI Without a Breathalyzer?
Yes, it is possible to be convicted without a DUI breathalyzer test. There are other options the police may use to evaluate a driver’s condition, including the Standardized Field Sobriety Test (SFST). An aggressive and experienced DUI attorney will work with you on the best strategy for your defense to potentially drop the charges or other options, such as negotiating with the courts or prosecutor to lessen the penalties such as fines or jail time, among others.
What Are the Circumstances That Require a DUI Breathalyzer in Your Car?
The terminology that the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) uses for mandating a DUI breathalyzer in your car is called the Ignition Interlock Program. The court typically mandates this if:
- you are convicted of a DUI, and
- your blood alcohol level is 0.15 or above, or
- if there is a minor in the car upon arrest
If it is your first conviction, the Ignition Interlock Device (IID) would be in your car for at least six months. With a second conviction (of any BAL of .08 or above), it would be at least one year.
What Happens if You Pass a DUI Breathalyzer Test?
Even if you pass a DUI breathalyzer test, that does not mean you cannot be convicted of a DUI. As mentioned above, this is only one of the ways that evidence can be gathered. An experienced DUI attorney will perform a detailed analysis of your particular situation and arrest to determine the best approach to the case.
Contact A Clearwater DUI & Criminal Defense Attorney
If you have been arrested for DUI, contact the law office of Dean Tsourakis as soon as possible. He is an experienced Clearwater DUI attorney that is aggressive in defending his clients. He evaluates each case meticulously and develops a strategy in the best interests of his clients.
Even if you have failed a DUI breathalyzer test, that does not mean your fate is sealed. He has helped other clients overcome that obstacle. With the serious consequences that come with a DUI conviction, having an experienced, aggressive Clearwater DUI attorney on your side is your optimum solution to achieve the best possible outcome.
Dean Tsourakis has experience on both sides of the table — as a prosecutor and as a criminal defense attorney. This provides him with additional knowledge and skills that are highly valuable when fighting for the rights of his clients in securing a just outcome for your case.
Do not tackle this alone. He will guide you through the process during this tough time so you can get on with your life. With the right lawyer, you will have the confidence you need that your legal rights are being well represented — and aggressively defended.
on Jan 8, 2021