To convict an individual of driving under the influence, the state must prove your blood alcohol content at the time you were driving. Your breath reading an hour or two later is not what proves you guilty of DUI. Your breath test results at the time you were driving are what are important.
Your breath test results at the time you were driving had a lot to do with the following factors:
In order for the state to prove that you were over the .08 legal limit at the time you were driving, they will have to "extrapolate", or estimate, what your breath alcohol reading was at the time you were first stopped.
The State of Florida has the implied consent law, which means every individual who operates a motor vehicle gives consent to submit chemical testing of their breath, blood, or urine if they are suspected of driving under the influence. Police officers are allowed to use reasonable force to take a person's blood sample if they refuse to give a breath test and are suspected of DUI.
When a blood sample is taken, it is tested via a process called gas chromatography. This compares the driver in question's blood sample to a controlled sample that has reliable amounts of alcohol content. If a person is involved in an accident and their blood sample is taken at the hospital, it may be the only type of sample the prosecutor can use. These samples are taken from blood serum and are considered a less accurate measurement of BAC.
If a person is asked to give a urine sample to measure their BAC, the urine test is frequently administered incorrectly. When a urine sample must be taken, it requires the individual in question to completely empty their bladder and wait a minimum of 20 minutes before giving a urine sample. This will give more accurate results.
When a urinalysis is used to test BAC, the concentrations of alcohol are examined in water. As a result, the findings of these types of tests can be highly inflated, as the concentration of alcohol in urine is nearly 1.33 times the concentration of alcohol in a blood sample. Due to this factor, blood samples are considered more accurate BAC tests.
The Florida Department of Law Enforcement enacts rules that law enforcement must follow before and after administering any breath, blood or urine test. If police fail to follow any of these very specific rules an experienced Miami chemical testing lawyer can file a motion to suppress the breath reading based on non-compliance with FDLE rules.
For over 30 years and 3,000 DUI cases, Miami chemical testing lawyer Jonathan Blecher has been defending people charged with DUI. Since chemical testing regulations are often followed incorrectly, I can help determine if I can build a defense using said improper actions for your case. Call us for a free, no obligation consultation at (305) 670-1800 for my office or (305) 321-3237 for my mobile.
For more information, check out some of the frequently asked questions about DUI.