The conventional way Jacksonville law enforcement measures blood alcohol content (BAC) level during a DUI stop is via a breathalyzer test. Many people charged with a DUI believe that measuring a BAC of .08 or over is a guarantee of a DUI conviction.
As BAC is data the State of Florida can use against you, as highly experienced Jacksonville DUI attorneys, we recommend you politely decline taking the breathalyzer or any other urine, blood or field sobriety test that would provide State of Florida officials with data which can be used to convict you of a DUI.
It is important to know, you will be charged with a misdemeanor and lose your driver’s license for refusing to take the breathalyzer. However, by refusing these tests you will not be giving the State of Florida BAC data to assist in their attempts to convict you. Further, you will be allowed to apply for a hardship license 30 – 90 days after your license was suspended.
If you did, however, take the breathalyzer test and registered a .08 BAC or above, you still may have a strong DUI defense. Numerous inaccuracies and inconsistencies exist with the BAC machines. These inaccuracies and inconsistencies include:
Breath volume
The volume of breath provided in the breathalyzer test is critical. The breathalyzer test requires 1.1 liters of air to function properly. This volume was selected as it is considered sufficient to obtain air from the deepest part of the lungs where the blood and air interact. However, depending on the individual, 1.1 liters of air can come solely from the mouth, throat, esophagus and top of the lungs and therefore can give incorrect or inconclusive results which provide higher than actual BAC levels.
Poorly calibrated breathalyzers
At times, when breathalyzer data has been reviewed it has shown volumes of air blown, in one continuous breath, to exceed 10 liters of air. As human lung capacity is only approximately 6 liters of air, this indicates that the machine is not correctly measuring volume. It is also an indication that the machine is not calibrated correctly and therefore, the ultimate data is at risk of being flawed. Similarly, there are situations where a person provided 1.1 liters of air, and the machine has indicated that significant air volume was not provided, further indicating strong possibilities of flawed data.
Do not think that just because you took the breathalyzer you do not have a case. A qualified Jacksonville DUI attorney can build a strong defense for you to help get DUI charges against you lessened or dropped. The Lonker Law Group has extensive experience helping people in the Jacksonville area and beyond who have been charged with a DUI. If you are facing the very severe DUI penalties and a felony conviction, call the Jacksonville DUI lawyer who knows how to best fight your case and for your rights. Call The Lonker Law Group for a free DUI case evaluation today!
Received a DUI in Jacksonville? Educating yourself is critical. Read more about what to do if charged with a DUI in Jacksonville.
