Charged With A Crime? We're Ready To Fight.
How Does the Breathalyzer Test Work?
In Florida, the legal drinking limit for drivers is 0.08%. Those who are found to be driving with a higher BAC (blood alcohol concentration) are considered to be driving under the influence (DUI). A DUI arrest often begins with a routine traffic stop. The police officer may determine that there is cause to think you may be driving under the influence. First, the officer will talk to you and may ask whether you’ve been drinking. Then, he may request that you exit the vehicle and perform some roadside sobriety tests. These tests consist of such things as walking a straight line or reciting the alphabet. If the officer feels you are intoxicated he will request that you take a breathalyzer test.
Can I Refuse a Breathalyzer Test?
Technically speaking, you can refuse to submit to a breathalyzer test. However, Florida has an implied consent law. When you accept your driver’s license you agree to consent to BAC testing if requested by a police officer. In short, you must take a breath, urine, or blood test if you are asked to do so by police. If you refuse, you’ll be charged with a separate crime, which, if found guilty, carries a mandatory driver’s license suspension for a period of a year. In most cases, it is best to submit to a breath test, even if you feel you may be over the limit. However, there are some circumstances when taking the test may not be prudent. For example, if you have had several previous DUI convictions you’ll be facing stiffer penalties than most if found guilty of DUI.
Taking a Breathalyzer Test
Law enforcement uses breathalyzer tests because they are very easy to complete in the field. To take a breath test you’ll be asked to blow into a small device. The unit calculates the BAC and delivers an immediate number. Police will use the results of this test to decide how to proceed. If you’re over the limit of 0.08% (0.02% for those under the age of 21) you’ll be arrested and processed for DUI. The breathalyzer test is rather accurate, however, the test must be done properly and the unit itself must be properly maintained. Often, police will use the breath test as a preliminary test and then ask you to submit to a blood test at the police station. A blood test is usually considered to be the most accurate of the BAC tests.
Defending DUI Charges
DUI charges are serious and carry stiff penalties upon conviction. It’s usually advisable to seek professional representation from an experienced DUI attorney. Your lawyer will review every aspect of your case including the initial traffic stop as well as how the breathalyzer testing was done. Your attorney will also look into the results of the test and how they were analyzed. Sometimes an independent test can be done to dispute the official results. The defense strategy will be determined by the details of your case – every case is different. Your attorney will work to resolve your DUI in the best possible way.
Decades of Trusted Service. Hundreds of Grateful Voices.
-
“David Katz sets the standard by which all other defense attorney's must measure. He not only knows his craft and has the experience to back it up, he relishes forcing his opponents to follow the law towards the best outcome for his clients.”- Karate K.
-
“Christine Vazquez took on our case with a 24hr commitment. She put everything on the line to hold the judicial system accountable.”- Phil W.
-
“I can’t thank attorneys Christine Vazquez and David Katz enough for the incredible job they did on my DUI case.”- Gabriel H.
Why Hire Katz & Phillips?
Some important reasons to secure experienced representation include:
-
Board-Certified* Attorneys
Our founding attorneys are two of three board-certified* DUI defense lawyers in the state.
-
Former Prosecution Experience
As former prosecutors, we bring an invaluable perspective and skillset to every case.
-
High Success Rate in Criminal Defense
With a 90%+ success rate, our proven track record of success speaks for itself.
-
Decades of Experience
With more than 10,000 cases handled, our advocates are well versed in criminal law to help you navigate your case with care and efficiency.
-
Always Responsive
Our team is available to take your call and address any questions or concerns you have.
-
Financing Available
The last thing you need during a criminal case is financial stress. Our firm offers financing with no credit check required.
Meet Your Dedicated Defense Team
Led by two of Florida's Board-Certified* DUI Experts, Our attorneys bring together more than 50 years of success, defending clients across Florida against criminal and DUI charges.
-
DUI Charges Reduced
The court deemed all other conditions satisfied so M.A. did not have to go on probation at all and walked out of courthouse with a fine and fees to pay, and the case behind her.
-
Case Dismissed
J.A.R. had had a previous DUI conviction and was facing mandatory jail time if convicted of this offense. In reviewing the discovery provided by the state, our team found several issues with the police investigation, and realized that our clients’ rights had been violated.
-
All Charges Dropped
In reviewing the evidence provided by the State our team realized that T.R.’s rights had been violated when she was immediately illegally arrested by the Trooper. Further, there were many other errors made by the Trooper which would result in the evidence gathered being suppressed.
-
All Charges Dropped
In this case, our client, R.H., was out with friends. A family member who was angry with him tracked his location by tracking his cell phone, called the police, told them he was very drunk, and led the police right to his car. The officers stopped his car and eventually arrested him.
Our Case Results
Two of Florida’s only Board-Certified* DUI Defense experts fighting for you.
- DUI Charges Reduced
- Case Dismissed
- All Charges Dropped
- All Charges Dropped
