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Drunk driving cases may be affected by Breathalyzer calibrations

| Aug 31, 2018 | DUI/DWI |

Breathalyzer tests, video evidence, field sobriety tests and blood alcohol level tests are all allowed to be entered into evidence when an individual is arrested for driving under the influence. Charges and/or a conviction of drunk driving can result in serious consequences for an individual. An arrest can result in the loss of a job, and a conviction can result in jail time, suspension of driving privileges and fines.

Recently, multiple DUI cases in Florida were discovered as possibly compromised. It has been discovered by the Florida Department of Law Enforcement that, for almost a year, the Florida Highway Patrol calibrated their Breathalyzers with a method that was not approved and used supplies from an unofficial vendor. Defense attorneys are questioning if some of the 250 affected tests were inaccurate and may have permanently damaged some people’s lives.  

Because multiple pieces of evidence are used in a drunk driving case, the compromised Breathalyzer tests may not be an issue in many cases and may not impact some convictions. Video footage, blood alcohol tests and other evidence may altogether provide enough evidence to hold up some convictions. On the other hand, the news may have a big impact on several individuals’ cases.

Florida criminal defense attorneys are experienced to understand the impact that simple law enforcement procedures can have on a person’s case. As well as examining all evidence in a drunk driving case, attorneys encourage clients to allow them to advise during questioning procedures and other legal hearings. If a conviction cannot be avoided, attorneys may advocate for lessened charges and/or sentence.

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