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Breathalyzer Tests

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Breathalyzer Tests

Fighting False Positives for BAC Tests

Many people treat breathalyzer tests as the final word when it comes to charges of driving under the influence (DUI). If someone fails a breath test, then they must be drunk, people assume. What many people fail to realize is that breathalyzer tests - and all other forms of blood alcohol concentration (BAC) testing - can render false positives. Any number of reasons can cause a person to fail a breath test when they are not truly intoxicated: police misconduct, failure to calibrate the machine, a broken machine, medications, nervousness, and more. At Parks & Braxton, PA, we have the power to fight and the knowledge to win your DUI defense case, even if you have failed a breath test.

Police Misconduct in Administering Breathalyzer Tests

The most common cause for a faulty breath test result is police misconduct. The officer who pulls you over and administers the breath test must take several precautions to ensure that the reading is correct. First of all, they must be sure to calibrate the breathalyzer machine every time. These machines are very delicate and, if not calibrated correctly, your BAC could read higher than its true percentage. Even one-hundredth of one percent can make a difference and result in a DUI arrest. At Parks & Braxton, PA, we can thoroughly investigate the circumstances of your arrest and gather evidence to determine whether or not your arresting officer performed their duties correctly and took caution to ensure that the breathalyzer machine was calibrated, that the machine was used correctly, and that your sample was not contaminated.

Are breath tests even required for a DUI arrest?

The truth is that a breath test is not required in order to make a DUI arrest. Law enforcement officers may arrest anyone who demonstrates evidence of intoxication or who has lost control of their motor functions; however, some officers may hurry through any field sobriety tests or questioning to get to the breath test, or skip all preliminary actions altogether. If this is the case, our firm can relentlessly fight to prove that your officer was negligent and did not take necessary precautions to ensure that you were truly intoxicated and that your breath test was invalid.

Contact a Jacksonville DUI Attorney

Parks & Braxton, PA is one of Jacksonville's top DUI defense firms, having handled and won thousands of defense cases over the years. Our lawyers have 50 years of combined experience and provide 24 / 7 service for clients who are facing charges of driving under the influence. Our history of success speaks for itself. Read through our recent court wins to learn more about our experience and ability to fight DUI charges in the Jacksonville area, as well as St. Johns, Nassau, and Clay Counties. Contact us as soon as possible to engage in a case evaluation with an aggressive and accomplished DUI defense lawyer.

View All Our Recent DUI Wins

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Case #05-2013-CT-065706 Defendent arrested after failing field tests and blowing above .08 at checkpoint. The State dropped the DUI. View All Wins
Case #7939-XEM Defendent arrested after rear-ending another vehicle and failing field sobriety test. The DUI was dismissed. View All Wins
Case #11-018737MM10A Defendent arrested after failing field sobriety test. The State dropped the DUI. View All Wins