Breath Tests

Orlando DUI Breath Tests

The laws of the state of Florida require any person arrested for DUI is to submit to a lawful test to determine the level of blood alcohol. By far the most common form of chemical testing conducted in an Orlando/Orange County DUI case and Sanford/Seminole County DUI cases is the breath test. It is illegal in Florida to drive with a blood alcohol concentration (BAC) of .08% or more. A breath test result of .08% or greater will result in a driver license suspension for up to one year. Please refer to Driver License Hearings for more information.

Florida Breath Tests are Often Incorrect

Breath Tests however, are generally considered inaccurate. There are a number of factors that may affect the accuracy of the breath test results. These factors include:

  • Proximity of breath testing unit to other electronic devices?
  • Did the individual have alcohol in his or her mouth during the breath test?
  • Did the person burp prior to the breath test?
  • Did the person have dentures and use adhesives that may affect the breath test reading?
  • Does the person suffer from diabetes or other illnesses that may affect the breath test?
  • Has the breath test machine been properly maintained on a monthly and yearly basis?
  • Has the breath test machine been modified from its original design?
  • Has the breath test machine been properly calibrated?
  • Has the breath test machine recently undergone changes, modifications or repairs?
  • Has the Officer been properly trained and have a current permit?
  • Did the Officer observe you for a 20-minute period before the breath test?
  • Did you finish drinking shortly before being stopped?
  • Is your body’s partition ratio above or below 2100:1?
  • Were you advised what will happen if you refused the breath test?

If any of the above listed items are present in your case, Contact the attorneys at Tilden Law immediately. A favorable outcome in your case may depend upon your attorney understanding the significance of these and other factors and using them to your benefit by reducing or dismissing your DUI charge.

The Orlando DUI defense attorneys at Tilden Law successfully defended numerous clients who have “failed” breathalyzer tests. Mr. Tilden uses his knowledge of the faults in Central Florida and Orlando DUI breath test machines to help dismiss or reduce DUI charges for his clients.

DUI cases regardless of level should never be handled by general criminal practice attorneys. It takes years of DUI practice and specialized DUI training to properly represent the rights of a client arrested for DUI. Attorney N. Fleetwood Tilden is in his 15th year of criminal DUI practice and is a former Central Florida DUI Prosecutor and has handled over 1,000 criminal DUI cases. Contact Orlando DUI defense firm Tilden Law for a free case evaluation and visit our DUI Case Wins.

Currently, there are several Central Florida Courts throwing out DUI Breath Test results. Please Contact Tilden Law today for a free case evaluation to see how we can help properly defend your DUI charge.