How To Beat a DUI After Failing the Breath Test

How To Beat a DUI After Failing the Breath Test

If you are being investigated for driving under the influence (DUI) or have been charged, you might be worrying that all is lost. The reality is far less simple.

Even if your breath test indicated that your blood alcohol level was above the legal limit at the time of the incident, there are multiple potential legal defenses you can put to work.

If you are wondering how to beat a DUI after failing the breath test, your next call should be to a skilled DUI lawyer. Our award-winning team at Rossen Law Firm has helped countless clients in your situation, and we are ready to get to work for you.

Overview of DUI Charges

You can be charged with a DUI or driving under the influence if your blood alcohol level test comes back and meets or exceeds 0.08%. DUI charges can also be leveled if you are otherwise impaired by alcohol or drugs. A charge for a DUI or driving under the influence is typically a misdemeanor in the state of Florida.

Even so, a first-time conviction can see you spending up to six months behind bars. You could also be forced to pay up to $1,000 in fines and face suspension of your driving privileges for a prolonged period. Subsequent convictions or aggravating factors, such as the infliction of bodily harm to another party during the course of the DUI, can heighten the potential penalties attached to this offense.

There is also a stigma that someone might face with a crime on their record, even a misdemeanor. This could impact your ability to obtain certain types of employment, go to certain educational institutions, get approval for loans, and other regular aspects of daily life that you often take for granted.

In short, a DUI charge should not be taken lightly. Building the strongest defense possible against such a charge should be a top priority from the start. Even if you fail the breath test, our lawyers can still help you deploy your best legal defenses to fight or beat a DUI charge.

DUI Defenses

There are many potential theories of defense that can be used to beat a DUI charge even if your breath test came back over the legal limit. You should not be scared into taking a plea deal just because you failed the breathalyzer test. It may be possible to challenge the basis of a DUI charge extremely early on, even before formal charges are filed.

Missing Probable Cause

For example, a possible defense strategy might be that law enforcement had no probable cause to pull the vehicle over. In that case, it may be an option to fight to suppress any evidence obtained by law enforcement as “fruit of the poisonous tree,” including a breath test. In other cases, a lawyer can demonstrate that there was no reasonable suspicion or probable cause to begin the DUI investigation in the first place or no probable cause to carry out the arrest. These are possible strategies that could stop a DUI case before it even gets off the ground.

Insufficient Evidence

Even after a DUI charge has been formally filed, a knowledgeable DUI attorney can evaluate all possible options to get that charge downgraded or even dismissed altogether. For example, one of the core tenets of the state’s ability to win a DUI case is to show that you were in actual physical control of the vehicle and, at that exact point in time, your faculties were either impaired by alcohol or another substance or your blood alcohol level was above the legal limit. Even after law enforcement conducts the stop, there is a waiting period and paperwork that they need to complete, so the breath sample may not even be collected until hours have passed from the time they first pulled you over. In cases such as these, it may be possible to argue that there is insufficient scientific evidence to show that your blood alcohol was above the legal limit at the time you were driving.

Unreliable Technology

Some defense strategies can even hinge on the breathalyzer technology itself. This technology is not foolproof and, in some cases, has been known to generate false positives. If law enforcement did not adhere to the required 20-minute observation period or this was not conducted appropriately, these elements could also be used to cut through the state’s case. The bottom line is this: even failing a breath test does not guarantee a conviction, nor should it stop you from retaining a lawyer who can leverage every tool available to fight for your rights and freedom.

Speak with a DUI Attorney Today If You Failed Your Breath Test

Even if you have failed a breath test after being pulled over on suspicion of a DUI, this does not mean your legal options have been exhausted.

Our attorneys at Rossen Law Firm can evaluate the sequence of events that led to law enforcement’s traffic stop at the time of the incident, as well as all evidence that has been obtained so far. Whether no charges have been officially filed yet or you have been charged with a DUI, it is vital to speak with a lawyer immediately who can get to work securing your rights.

Second DUI, 0.19 Breath
DUI Charge Dismissed
Federal Child Porn Possession
Mandatory Prison Time Avoided
Attempted Murder
Charges Dismissed
How We Win
Second DUI, 0.19 Breath
DUI Charge Dismissed
Federal Child Porn Possession
Mandatory Prison Time Avoided
Attempted Murder
Charges Dismissed
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00:07 08 Sep 22
In one of the most stressful times in my life, Rossen Law Firm was there for me. Leaving no stone unturned they provided patience and knowledge in every detail of my case. I’m very thankful and proud of this law firm family and especially of my lawyer, Scott Simmons for guiding, defending and helping me in every way possible. He and this law firm family come highly recommended from personal experience!!!
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15:24 26 Aug 22
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12:32 09 May 22
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20:27 23 Mar 22
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