DUI Defense Attorneys Serving Tampa & Sarasota, Florida

Breath & Blood Tests

Breath and blood tests are used by Tampa and Sarasota law officials to determine the level of intoxication of a driver.  Measuring the amount of alcohol present in the blood stream, breath and blood tests are relatively accurate ways of determining whether or not a driver is over the legal limit, which is .08 percent in Florida.  Of the two types of tests, blood tests are more accurate, as the testing conditions have less variables than breath testing does.  It is important to note that although blood testing is more accurate, it is not fool proof, and things can happen that may lead to an inaccurate test result.  For this reason, it is important not to discount the fact that you could be cleared of DUI charges with the help of your DUI defense attorney, even if a breath or blood test revealed your BAC level to be .08 percent or higher. 

Breath Tests    

As our DUI lawyers have seen, there are many things that can go wrong during a breath test that can lead to an inaccurate BAC level.  If the test subject has certain health issues, such as emphysema, asthma, bronchitis, or diabetes, the breathalyzer can sometimes misread the results.  There are many technical issues that can occur in the testing equipment itself, for breathalyzer machines are very touchy and must be used correctly for the results to be right.  The machine has to be warmed up to a specific operating temperature, which many Tampa and Sarasota law officials fail to do, and a deep lung sample must be given in order for the results to be accurate. Outdoor pollution, poorly maintained testing equipment, and police radio frequency interference have all been known to cause inaccurate BAC levels. 

Blood Tests

Our DUI attorneys have also seen many errors occur with blood tests that can result in false BAC levels.  If an improper method is used to draw blood, or if the medical equipment is contaminated or faulty, the BAC result could be wrong.  Also, health issues of the testing subject could contribute to an inflated BAC leading to inaccurate test results.  A DUI lawyer from Musca Law can evaluate your blood test in order to determine if any errors occurred that may have contributed to an incorrect BAC.

Contact a DUI Defense Lawyer today to discuss your breath or blood test results!