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My husband and I were very pleased with the services we received at Largey Law. Everyone was professional while being friendly and helpful. They answered all of our questions and kept us informed of the process. Thank you Mr. Largey and s...
My husband and I were very pleased with the services we received at Largey Law. Everyone was professional while being friendly and helpful. They answered all of our questions and kept us informed of the process. Thank you Mr. Largey and staff for taking good care of us!
It is never easy to use a attorney for anything. Mr largey made it easy. He coached me through our entire process and really went out of his way to make sure i was taken care of. Its a good feeling knowing that your attorney has your back.
I am a trial attorney who had been practicing law for ten years. Attorneys only hire the best when the things that matter the most in their own lives are threatened with harm. That is why I hired Christopher R. Largey of Largey Law when my ...
I am a trial attorney who had been practicing law for ten years. Attorneys only hire the best when the things that matter the most in their own lives are threatened with harm. That is why I hired Christopher R. Largey of Largey Law when my family, children, and career were maliciously attacked and deceitfully threatened. Mr. Largey is respected by our judges, other attorneys, and the community at large, and as a result he is routinely hired by lawyers who need to be represented fully. He never backs down, he is never pushed, and he is compassionate. He absolutely understood the gravity of the family dynamic that he had to protect in my case. Whenever a lie was told, he would immediately and aggressively confront it head-on, exposing the same. His skillful use of courtroom practice and his knowledge of the evidence code brought the truth to light. The result was a resounding legal victory that protected my children, as well as the complete vindication of my character and my career. Though Chris is not even a family law lawyer, I knew he was the right attorney for this challenge. He stood there for me, and I will never regret hiring him for as long as I live.
How Can You Challenge Breathalyzer Test Results in a Florida DUI Case?
- posted: Sep. 26, 2020
There are thousands of DUI arrests made in Florida each year. By state law, anyone driving in Florida has given implied consent to be tested for driving under the influence of drugs or alcohol upon reasonable suspicion. If you are found to have a blood alcohol content (BAC) of .08 or more on a breathalyzer test, you are presumed to be driving under the influence. However, that doesn’t necessarily stop you from raising a defense to the DUI charges.
Breathalyzer tests are often shown to be unreliable. A New York Times investigation found that judges in Massachusetts and New Jersey threw out 30,000 breath tests in the 12 months between November 2018 and November 2019. Across the country, thousands of other breathalyzer tests have also been invalidated in recent years. Among the grounds for challenging test results in Florida are these:
- Improperly calibrated breathalyzer — All breathalyzer machines must be calibrated periodically. They also must be properly maintained and tested by someone who is certified to do so. Proof of calibration and maintenance of the specific machine used must be presented to the court by the prosecution. Improper calibration or maintenance can mean an invalid test result.
- Uncertified breathalyzer operator — All breathalyzer operators must take and pass a 16-hour training course given by the Criminal Justice Standards and Training Commission for the Florida Department of Law Enforcement. In addition, a renewal course and continuing education is required of each operator in order for them remain certified. Proof of certification and continuing education must be presented to the court.
- Inadequate observation period — Florida law requires a 20-minute observation period before the breathalyzer operator can administer the test, in order to ensure that any alcohol in the mouth has dissipated and that nothing else in the body or mouth will affect the results of the test.
- Insufficient breath samples — Florida law requires two breath samples to be taken within 15 minutes of each other. The second test is meant to confirm the results of the first test. Without it, the test result is inadmissible.
Obtaining the evidence and records necessary to raise these challenges effectively is a complex process that requires professional assistance. Your first move after being charged should be to contact an experienced Florida DUI attorney who can analyze your case and develop a careful strategy for obtaining an optimal result. Bear in mind that a failed defense can result in jail time, heavy fines and loss of driver’s license.
At Largey Law, we hold the state to its burden of proving every element of a DUI case beyond a reasonable doubt. To schedule a free initial consultation with an experienced DUI defense lawyer, call us at 352-253-0456 or contact us online. We have offices in Tavares, Clermont and Inverness.