Facing DUI charges in Florida, particularly when breath test results are involved, is a serious matter with significant legal implications. Understanding the statutes, legal definitions, potential penalties, and common defenses is crucial for anyone in this situation. This comprehensive guide will explore these aspects in detail and explain why having an experienced attorney is essential.

Explaining the Statute, Legal Definitions, and Relevant Statutes

Florida has stringent laws regarding driving under the influence (DUI), and breath test results play a crucial role in prosecuting these cases.

Florida Statutes § 316.193 - Driving Under the Influence

Florida Statutes § 316.193 outlines the penalties for driving under the influence (DUI). Under this statute, a person is guilty of DUI if they are driving or in actual physical control of a vehicle and have a blood alcohol concentration (BAC) of 0.08% or higher. This statute also covers impairment due to alcohol, chemical substances, or controlled substances.

Legal Definitions

Blood Alcohol Concentration (BAC): BAC measures the amount of alcohol in a person’s blood. A BAC of 0.08% or higher is the legal limit in Florida.

  • Breathalyzer Test: This is a device used to measure BAC through a breath sample. It is commonly used by law enforcement during DUI stops to determine if a driver is legally intoxicated.
  • Impairment: Impairment refers to the reduction in a person's ability to operate a vehicle safely due to the influence of alcohol or drugs. This can be measured through physical tests (field sobriety tests) and chemical tests (breath, blood, or urine tests).

Potential Fines, Jail Time, Probation, and Other Potential Punishments and Consequences if Convicted

The penalties for a DUI conviction in Florida can be severe, especially if the prosecution can establish that the driver was above the legal BAC limit or was otherwise impaired.

Fines

The fines for a DUI conviction in Florida can vary based on the number of prior convictions and the circumstances of the offense. For a first DUI conviction, fines range from $500 to $1,000. If the BAC was 0.15% or higher, or if a minor was in the vehicle, fines range from $1,000 to $2,000. For a second conviction, fines range from $1,000 to $2,000, and for third and subsequent convictions, fines can be as high as $5,000.

Jail Time

First DUI Conviction: Jail time can range from no time at all to up to six months. If the BAC was 0.15% or higher, or if a minor was in the vehicle, jail time can be up to nine months.
Second DUI Conviction: Jail time ranges from 10 days to nine months. If the BAC was 0.15% or higher, or if a minor was in the vehicle, jail time can be up to one year.
Third DUI Conviction: Jail time ranges from 30 days to five years if the third conviction occurs within ten years of the previous conviction, making it a third-degree felony.

Probation

Probation is often imposed in addition to or instead of jail time. Conditions of probation typically include regular check-ins with a probation officer, attendance at DUI school, community service, and participation in substance abuse counseling or treatment programs. Violating probation terms can result in additional penalties, including imprisonment.

Driver's License Suspension

A DUI conviction in Florida results in mandatory driver's license suspension. For a first offense, the suspension period is typically between 180 days and one year. For a second offense, the suspension is for at least five years if the second offense occurs within five years of the first conviction. For a third offense within ten years, the suspension period is at least ten years.

Other Potential Punishments

Other consequences of a DUI conviction can include community service, mandatory DUI education programs, and the installation of an ignition interlock device (IID) on the offender’s vehicle. An IID requires the driver to pass a breathalyzer test before the vehicle can start. A conviction can also result in a permanent criminal record, affecting future employment opportunities, travel, and personal reputation.

Common Defenses Against This Charge

Defending against DUI charges involving breath test results requires a thorough understanding of the legal principles and strategies involved.

Improper Traffic Stop

One common defense is to argue that the initial traffic stop was unlawful. Law enforcement must have reasonable suspicion to stop a vehicle. If it can be shown that the stop was improper, any evidence obtained as a result may be inadmissible in court.

Faulty Breathalyzer Test

Another defense is to challenge the accuracy and administration of the breathalyzer test. Breathalyzer machines must be properly maintained and calibrated, and the tests must be administered according to specific protocols. Any deviation from these requirements can cast doubt on the results.

Medical Conditions

Certain medical conditions can affect breathalyzer test results. Conditions such as diabetes, acid reflux, or the use of certain medications can produce falsely high BAC readings. Providing medical evidence can help support this defense.

Lack of Probable Cause

A defense may also argue that there was no probable cause for the arrest. Even if a traffic stop is valid, law enforcement must have probable cause to make an arrest. If the defense can demonstrate that there was no probable cause, the arrest may be deemed unlawful.

Inaccurate Field Sobriety Tests

Field sobriety tests are often used in conjunction with breathalyzer tests to establish impairment. These tests can be subjective and influenced by factors such as the defendant's physical condition, weather conditions, or the surface on which the tests were conducted. Challenging the accuracy of these tests can be an effective defense strategy.

FAQs About Fighting Breath Test Results in a Florida DUI Criminal Cases

What is the legal BAC limit in Florida?
The legal BAC limit in Florida is 0.08%. A BAC at or above this level can result in a DUI charge.

Can I refuse a breathalyzer test in Florida?
Yes, you can refuse a breathalyzer test, but refusal can lead to automatic license suspension and other penalties under Florida’s implied consent laws.

What happens if the breathalyzer test was faulty?
If it can be proven that the breathalyzer test was faulty, the results may be inadmissible in court, which can significantly weaken the prosecution's case.

Can medical conditions affect breathalyzer results?
Yes, certain medical conditions such as diabetes, acid reflux, and some medications can affect breathalyzer results and lead to false readings.

How can I challenge the traffic stop that led to my DUI arrest?
If the initial traffic stop lacked reasonable suspicion, any evidence obtained during the stop may be inadmissible in court. Challenging the legality of the stop is a common defense strategy.

What are the penalties for a first DUI conviction in Florida?
Penalties for a first DUI conviction in Florida can include fines ranging from $500 to $1,000, jail time up to six months, probation, community service, and license suspension.

What are the consequences of refusing a breathalyzer test?
Refusing a breathalyzer test can result in an automatic license suspension for up to one year for a first refusal and up to 18 months for subsequent refusals, along with other potential penalties.

Can I get my driver's license back after a DUI conviction?
Yes, but the process involves serving the suspension period, completing DUI school, and possibly installing an ignition interlock device on your vehicle.

Call Musca Law 24/7/365 at 1-888-484-5057

If you are facing DUI charges in Florida, particularly those involving breath test results, it is crucial to seek legal assistance promptly. Musca Law, P.A. has a team of experienced DUI defense attorneys with a proven track record of success. We offer free consultations 24/7/365 at 1-888-484-5057 and serve all 67 counties in Florida. Protect your rights and future by contacting Musca Law, P.A. today for expert legal representation.