Drivers who are pulled over on suspicion of DUI and have breath tests results over 0.8 may feel that their fate is sealed. However, even if your breath alcohol level was over the limit, there is still a chance for the dismissal of your DUI case. A Miami DUI Attorney may be able to prove the officer did not comply with all of the procedures required to administrate a breath test.
The Rules of the 20 Minute Test
In the state of Florida, before administering a breath test during a DUI arrest, police officers are required to follow the 20 minute rule. For 20 minutes prior to the administration of the breath test, the person who has been arrested must go through an observation period, to make sure they do not belch or vomit up any alcohol or consume any substance that may affect the results of the test. Police officers are under considerable time pressure and may leave out a few steps or neglect a few details during DUI investigations. A criminal attorney in Miami can spot flaws in the investigation and may be able to exclude the breath test results from evidence.
There are several ways officers may try to speed up the process. If a Miami criminal law firm can establish that:
- The officer was “multi-tasking” forgot to adhere to the 20 minute observation period
- There was sufficient noise in the room so the officer couldn’t hear the person belching
- The officer allowed the person to use the bathroom alone during the time period
If your Miami criminal lawyer can demand that the police department turns in video of the observation period, these flaws can be spotted and used as evidence to throw out the breath test results.
Formal Review Hearings Can Help
Depositions are not usually allowed for DUI cases, but a Miami DUI Attorney can obtain material under oath through a review hearing from the Department of Highway Safety and Motor Vehicles. The lawyer can obtain more information through these means than through a conventional police report. It is important to get an attorney immediately after the DUI arrest so the review can take place early in the case, before the prosecution can formulate the strategy of their case. Contacting an attorney early on will improve your chances of success.
We handle a variety of criminal law cases, so call us now if you have any questions.
View more contact information here: Miami DUI Attorney.