When facing a DUI charge in Florida, many assume that a breathalyzer result below the legal limit of 0.08% means automatic dismissal of any potential DUI charge. However, this is not always the case.
Florida law allows for DUI charges based on factors beyond breath test results, and it is always important to consult with a top Clearwater DUI lawyer to protect yourself if you have been subjected to a breathalyzer test.
Role of Breathalyzer Tests in DUI Cases
A result of 0.08% on a breathalyzer or higher typically serves as evidence of impairment to an officer conducting a DUI stop. However, even if your blood alcohol content is below the legal limit, you can still be potentially charged with DUI if an officer believes your ability to drive safely is compromised due to alcohol, drugs, or any combination of substances.
Alternative Evidence in DUI Cases
When breathalyzer results fall below the legal limit, law enforcement may rely on other forms of evidence to establish impairment, such as:
- Field Sobriety Tests
- Slurred speech, bloodshot eyes, or the smell of alcohol
- Poor and erratic driving, such as weaving between lanes or failing to obey traffic signals
- A urine or blood test if drug use is suspected by the officer
Defenses Against Breathalyzer Results Under the Legal Limit
Facing DUI charges when your breathalyzer result is below 0.08% can be frustrating and anxiety-inducing, but viable defenses exist, especially when working with the best DWI attorneys in Clearwater with the Law Office of Timothy Sullivan.
If applicable, your attorney may argue that fatigue, medical conditions, or environmental factors may explain signs of impairment unrelated to substance use. Or, they may simply choose to argue that Field Sobriety Tests are subjective and can be influenced by anxiety, uneven surfaces, poor instructions from the officer, or even improperly administered and handled.
A Low Breathalyzer Result Can Still Potentially Be Incriminating; Protect Yourself Today with The Law Office of Timothy Sullivan
If you are facing a DUI charge even after a low breathalyzer result, you should immediately consult with an experienced top Clearwater DUI lawyer at The Law Office of Timothy Sullivan.
If you’re facing a DUI charge, you deserve to be represented by the best DWI lawyers in Clearwater. For a complimentary DUI case consultation call our office at (727) 291-9717.