Breath Tests Are Often In Error Or Illegally Obtained
Throughout
our professional careers as Fort Myers and Naples DUI attorneys, the most often asked question is "Can you beat the breath machine?"
The most simple answer is "yes" the breath machine
can be beaten. One only has to look at the "facts"
portion of the firms
Recent Case Results to see that our office
has consistently obtained favorable results on Fort Myers and Naples DUI cases (as well as throughout the state of Florida)
with sometimes very high breath test readings. The
following is a list of some questions that can affect both
the accuracy of the breath alcohol results as well as whether
the result is admissible into evidence.
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Did the officer observe you for a period of 20 minutes prior to taking the breath test?
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Did the officer tell you to “keep blowing” during the breath test?
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Did the police officer have his/her radio on during the breath test?
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Was the initial stop by the officer unlawful?
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Was the arrest by the officer unlawful?
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Was the machine properly calibrated?
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Were you absorbing alcohol or eliminating alcohol at the time of the stop?
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Did you finish drinking just prior to being pulled over?
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Is your
body’s partition ratio above or below 2100?
