Challenging DUI Test Results In Tampa
Just because you failed a DUI test following a roadside stop does not mean police can convict you of drunk driving. The attorneys of Escobar, Michaels & Associates have successfully defended people who failed field sobriety and Breathalyzer tests. We represent Florida residents, tourists and students who have been arrested for drunk driving in the Tampa Bay area.
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Learn more about DUI tests and defenses:
- Standardized field sobriety test: This is actually a series of three tests or exercises that are supposed to be administered and evaluated in a standardized manner. The standardized manner of testing is supposed to help take the subjectivity out of an officer’s opinion that a subject either was or was not impaired. However, in practice, these exercises are not always administered or evaluated in the standardized manner. Officers in a roadside investigation often fail to follow their training for a number of reasons. Also, the underlying validity of the exercises, even if administered and evaluated according to the standardized manner has been repeatedly called into question by leading experts in this field.
- The DUI breath test: After an officer has made a DUI (driving under the influence) arrest, the officer will usually request that the person take a breath test. It is important to remember that this test is voluntary in the sense that no police officer can force you to take the test. Politely refusing to take the breath test can often greatly improve your chances of avoiding a DUI conviction. When the officer asks you whether you will submit to a breath test, you are entitled to politely say “No.” Refusal to take the breath test does have some negative consequences, including a driver’s license suspension with a longer “hard suspension” period (or period before you are eligible for a hardship license). For example, for a first DUI arrest without any prior refusal, the administrative “hard suspension” period is 30 days if the subject takes the breath test with a result of .08 or above, while the administrative “hard suspension” period is 90 days if the subject refuses to take the breath test.
The attorneys at Escobar, Michaels & Associates are experienced in handling every aspect of your DUI case, from the administrative consequences with the Department of Motor Vehicles, to every facet of the criminal case.
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