Fort Myers, Florida, Can Breathalyzer Tests Be Challenged in a DUI Case?

There is an implied consent law that comes into effect in Florida the moment a person obtains their driver’s license. This means that if a person is pulled over by an officer to have their BAC tested, they are required to give consent and listen to the officer on this particular matter. If a person refuses to do the chemical test that measures the blood alcohol content, then they will likely have to face very serious penalties such as the loss of their driving privileges.

If a person has a BAC of 0.08% or more then they will be taken to court to face the criminal consequences of driving under the influence. However, individuals should not give up right away. They should get in touch with a criminal defense attorney as soon as possible to learn whether or not they are able to challenge the test results. In some cases, this will be possible, and in other cases, it will not be possible. The legal route a person follows will vary based on how much evidence there is and whether or not the officers followed the proper protocol or not when conducting the arrest.

The results of the breathalyzer test may be discredited under certain circumstances.

These include:

  • Lack of proper calibration
  • Contamination leading to unreliable results
  • Faulty administration
  • Unlawful search

If officers searched a person without legal grounds to do so, or they failed to calibrate and administer the breathalyzer test properly, then the results may be dismissed in court. Naturally, this will work highly in favor of the defendant. However, it must be proved appropriately in court for the charges to be lifted. Without the right evidence, it will be very difficult to have one’s case dismissed, and this is where an attorney can really help.

Basic DUI Statistics in Fort Myers, Florida

Driving under the influence leads to an average of 30 daily fatalities in the United States. With over 10,000 individuals passing away every year because of drunk driving accidents it is evident that DUI is a very serious concern that needs to be addressed.

Since such accidents are so preventable, the law has put very strict regulations to try and decrease these incidents by as much as possible. Anyone who is involved in a DUI accident or is called in for a DUI crime should connect with a criminal defense attorney without any delay. Hiring the right lawyer can turn one’s case around significantly. Since the charges are so high-stake it is in everyone’s best interest to take every measure to have their voice heard in court.

Get in touch with a criminal defense attorney at the Law Office of Robert Foley today to get help with one’s case and improve one’s chances of having their charge dropped.

Reach them at:

Fort Myers

(239) 690-6080

[email protected]

2401 First Street #255, Fort Myers, FL 33901




[email protected]

405 Fifth Avenue South Suite 5 Naples, Florida 34102

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