Miami, FL -- (SBWire) -- 08/24/2020 --If a Florida law enforcement officer places a driver under arrest for DUI, the driver should be read the implied consent warning reminding the driver that their license may be placed under suspicion should the driver refuse a breathalyzer test.
If the breathalyzer test indicates that BAC was beyond the legal limit, the results may be admissible in a trial. When all works well with the breathalyzer then it can be a fairly accurate test, which is why in a court of law it is admissible, although there are ways in which a DUI defense lawyer may argue against the findings.
Besides ensuring proper calibration, a law enforcement officer should observe the driver prior to requesting that the driver use the breathalyzer. Based on the length of time since the driver last consumed alcohol, that may help with the results. If the observation period is not recorded the results may be dismissed; the results may be skewed if they bypass the observation period or cut it short.
For more information on DUI defense, please contact the law firm of Hochman & Goldin.
This information is provided for educational or informational purposes only and should not be construed as legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice.
About Hochman & Goldin, P.A.
Scott Hochman and Sunny Goldin, both alumni from the University of Miami School of Law, have each been practicing law in Florida for over 20 years. The Miami traffic attorney has handled more than 180,000 traffic citations in the courts of Miami-Dade and Broward Counties and also represents clients in misdemeanor criminal cases. They also work as Miami expungement attorneys and are ready to assist clients. Call 305-665-1000 for more information or to speak with a Miami traffic lawyer.
