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Am I sunk if I blew over a .08 at the station?

On Behalf of | Feb 22, 2018 | Drunk Driving

Many people in the Tampa area, particularly if they are going through the legal system for the first time, may think that if they blew over the legal limit at the police station, then they may as well plead guilty to the ensuing DUI charge because there is proof that they were intoxicated.

The problem with this strategy is that even if a first-time offender does escape jail time and some of the more serious consequences of a drunk driving conviction, they still will likely have to worry about probation, fees and a license suspension. Moreover, there may be other fallout in one’s personal and professional life simply due to the fact that the person was convicted of a crime.

The reality is that breath test results can be challenged in a number of ways. For one, the officer who administers the test has to be properly trained and follow all of the necessary legal steps. Moreover, the machine itself also has to be properly inspected and maintained. If it is not, then a Floridian can argue that the results of the test are invalid.

Even if the breath test was properly administered, defense may still be available to a person. For instance, the police officer may have not had sufficient grounds to stop the person who is facing the charge in the first place. It is also possible that if the breath test was close to the .08 limit, a person may have tested above the legal limit but was not legally drunk when driving.