Challenging Breathalyzer Results In Tampa
In an effort to prove that drivers are under the influence of alcohol, law enforcement agencies have turned to the use of a device. A Breathalyzer supposedly measures a person’s blood alcohol level by way of breath analysis. A reading of .08 or .15 will have immediate legal significance to a driver under suspicion for drunk driving.
Why should we believe these metrics without making sure that a machine has been properly calibrated by maintenance experts and correctly implemented by police?
At Escobar & Associates in Tampa, our lawyers relentlessly question every piece of evidence used to justify arrest and/or conviction of our clients. The Breathalyzer and its readings are no exception.
The reliability and effectiveness of this device and others like it have been under attack by experts for at least 25 years. Intelligent, well-documented objections to the use of the Breathalyzer for the purpose of proving blood alcohol level have been voluminous. Countless courts have thrown out evidence gathered by asking drivers to blow into the device, on the grounds that the results could not be trusted.
Why, then, should we now believe that drivers stopped on suspicion of DUI are given the benefit of the doubt when they are asked to breathe into a Breathalyzer — and subsequently arrested on that basis? Today’s Breathalyzer machines are most likely just as problem ridden as machines of past decades. It is the responsibility of an aggressive, well-informed criminal defense lawyer to thoroughly examine a Breathalyzer and its alleged results.
When you are serious about an aggressive defense of your DUI charges and are seeking knowledgeable committed lawyers on your side, call the Escobar & Associates in Tampa, Florida. Learn why clients have counted on our attorneys’ zealous criminal defense advocacy since 1986. We represent people charged with drunk driving in the Tampa Bay area, including Florida residents, tourists and students.
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