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How may the type of alcohol-level test affect a DUI defense?

Charges involving driving under the influence in Florida may not always result in convictions. Impairment only begins when test results accurately show a 0.08% alcohol level, according to the Department of Highway Safety and Motor Vehicles.

The Florida Legislature’s website distinguishes between breath and blood-sample tests. If you face a DUI charge, it may mean that your breath alcohol-level test showed at least 0.08 grams of alcohol for every 210 liters of breath. A DUI charge based on a blood-sample test could mean your results showed at least 0.08 grams of alcohol per 100 milliliters of blood drawn.

Accuracy may depend on the test method used

The type of test law enforcement officials used to determine your alcohol level might not have provided accurate results. Officials may have filed DUI charges based on inaccurate readings. reports that portable breath test machines may provide skewed results. Software or hardware problems, for example, could cause higher breath-alcohol level readings. If you ate something before providing your breath sample, a chemical in what you consumed may also have interfered with the breath test reading.

You may dispute the results of a blood sample test

If you face a DUI charge based on a blood-sample test, you may request copies of the lab results. With blood-sample testing, a healthcare professional draws blood and sends it to a lab for analysis. According to the MedlinePlus website, blood-drawn readings may only provide accurate results between six and 12 hours after you last consumed an alcoholic beverage.

Whether you submitted to a breath or a blood test, you could have cause to dispute a prosecutor’s claim of impairment. If you believe your test result displayed an error, you may contest your DUI charge and defend against a conviction.


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