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DUI Defense In Florida: Can Breathalyzer Test Results Be Kept Out Of A Trial?


Were you arrested for DUI charges in Central Florida? Did you take a breathalyzer test and (allegedly) blow in excess of the legal limit? You can be sure that the prosecution is going to trial to rely on those breath test results to get a conviction. This raises an important question: Can breathalyzer test results be kept out of a criminal DUI trial in Florida? 

The short answer is “yes”—or at least it is possible in some cases. You will need to prove that the breath test should never have been administered or that the test results are fundamentally unreliable. In this article, our Orlando DUI defense lawyer highlights the most important things you should understand about your ability to keep the breath test results out of a criminal trial in Florida.

Background: Florida has an Implied Consent Law 

Under Florida law (Florida Statutes § 316.1932), drivers are considered to have given their consent to submit to a breath, blood, or urine test when they apply for and receive their driver’s license. If a driver is suspected of driving under the influence (DUI), they may be subjected to a breathalyzer test to determine their blood alcohol content (BAC). Refusing the breath test can result in an automatic suspension of their driver’s license and other penalties. 

Two Ways to Get Breathalyzer Test Excluded From a Trial in Florida 

As Florida has an implied consent law, it can be challenging to get breath tests results thrown out in court. That being said, exclusion is possible. Here the two main options:

  1. Lack of Probable Cause (Illegal Stop): One way to get breath test results excluded from a DWI trial in Florida is by arguing that there was a lack of probable cause for the traffic stop. If the police officer did not have a valid reason to pull the driver over, then any evidence gathered during the stop, including the breath test results, may be considered inadmissible in court. In order to challenge the stop, the defense attorney would need to prove that the officer did not have a reasonable suspicion of criminal activity or a traffic violation at the time of the stop.
  2. Breath Tests Results are Fundamentally Flawed: Another way to get breath test results excluded from a trial is by arguing that the breath test results are fundamentally flawed. This can happen if the breathalyzer was not properly calibrated, if the officer administering the test did not follow proper procedures, or if the test subject has a medical condition that may have affected the test results. In these cases, the defense attorney would need to present evidence that the breath test results are unreliable and should not be admitted as evidence in the trial. 

Get Help From Our Orlando, FL DUI Defense Attorney Today 

At The Baez Law Firm, our Orlando DUI defense lawyer is standing by, ready to fight for your rights and your interests every step of the way. If you have any questions about taking action to exclude a breathalyzer test from a trial, please do not hesitate to contact us today. From our Orlando office, we defend the full range of DUI charges in Central Florida.



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