The Breathalyzer Alcohol Breath Test, DUI Charges in Tampa & the Role of Your Attorney

In Tampa and throughout Florida, a driver is legally intoxicated if he or she has a blood alcohol level of .08 or higher. The main tool for discovering a driver’s blood alcohol level is through a breath test, commonly called a breathalyzer test. The term “breathalyzer” comes from a brand name used by one manufacturer of breath tests. Over the past few decades, however, “breathalyzer” has become a generic name for all alcohol breath test devices.

Law enforcement officers in Tampa, Florida typically use a device called the Intoxilyzer for alcohol breath testing. This brand of breathalyzer uses infrared light to detect alcohol molecules in a driver’s system. Like any other machine, a breathalyzer is subject to malfunctioning. The officer conducting the breathalyzer test also must be trained to use the machine properly. Between machine error and operator error, it is quite possible for a breathalyzer to falsely show an illegal blood alcohol level. For these reasons and more, it is vitally important for anyone charged with DUI in Tampa, Florida to contact an attorney immediately.

If you are pulled over for a DUI in the Tampa Bay area, attorney Andrew Spicola is a former state prosecutor who has the experience and knowledge necessary to investigate your breathalyzer test results and advise you about your DUI case. Some of the many DUI defense topics which may apply to your breathalyzer test include:

1. Did the officer have a legal reason to stop your vehicle?
2. Did the breathalyzer machine used in your arrest employ the latest technology?
3. Did the officer administer the test properly?
4. Were you given proper instructions about how to blow into the breathalyzer?
5. Did the officer observe your behavior for at least 20 minutes before giving you the breathalyzer test?
6. Was the breathalyzer calibrated?
7. Are your alcohol breath test results within the machine’s margin of error?
8. Did medication cause your breath test to register a false high reading?
9. Did the officer videotape your roadside tests, and does the video match what the officer wrote in his or her report?

The laws regarding breathalyzer machine use during DUI arrests are constantly changing. More media attention has also been focused on whether breathalyzer tests should be admissible in the Tampa, FL area courtrooms.

Tampa DUI attorney Andrew Spicola is thoroughly familiar with the latest DUI laws, news, and courtroom decisions regarding the breathalyzer test. Attorney Spicola will use his years of experience and up-to-date knowledge to aggressively protect your rights and ensure you are granted fair treatment in court.

To receive a free initial consultation about your DUI case and your breathalyzer results, please contact attorney Spicola at our convenient Tampa, Florida offices on Kennedy Boulevard. We have successfully defended DUI clients throughout the greater Tampa Bay area including Hillsborough County, Pinellas Park, Lutz, Clearwater, Odessa, Safety Harbor, Pasco County, Palm Harbor, Largo, Dunedin, New Port Richey, Oldsmar, St Petersburg, and beyond.