Under the law in Florida anyone who is driving a vehicle and has a blood alcohol or breath alcohol level of .08 or higher is presumed to be impaired and guilty of DUI. As an experienced DUI defense attorney Corey Cohen knows this is not always the case. Many times he defends people who have a much higher blood or breath alcohol level, and is able to win the case. The .08 is only a presumption that you are impaired and keep in mind that everyone has different tolerances to alcohol and while one person may be impaired after one drink another person may have four to five drinks and still have all their normal faculties in place.
Representing People in Orange County and Seminole County
In Florida if you blow a .15 or higher you are subject to enhanced penalties that include higher fines, a longer suspension of your license and potentially more jail time.
As a former public defender and state prosecutor who has defended and prosecuted hundreds of drunk driving cases, Orlando DUI defense lawyer Corey Cohen has the experience and training in DUI cases necessary to give you a competitive advantage.
If your breath or blood results are .05 or less it is presumed that you are not under the influence to the extent your normal faculties are impaired by alcohol. This does not mean you cannot still be arrested for DUI. However, you have a great defense and a very winnable case at trial.
Building a Defense Based on Breath Test Errors
A Breathalyzer reading of .08 or higher will lead to an arrest, but it should not result in an immediate plea of guilty. We have handled DUI defense cases where errors were found in the machine and the source code. Readings were found to be inaccurate because of poor calibration and maintenance.
Breathalyzer testing is a significant factor in a DUI arrest. Oftentimes, the results are faulty. A poorly trained officer using a breath test device not properly calibrated or maintained can have devastating consequences for you.
You May Be Able to Get the Breath and Blood Results Thrown Out
Under certain circumstances the results of the breath and blood test may be inadmissible in court and the jury may never hear of them. These are very complex issues, and it takes an experienced DUI attorney to know how to attempt to get the breath and blood results excused from evidence and thrown out.
Florida Also Has a Zero Tolerance Law for Drivers Under 21
What this means is that if you are under 21 and get stopped by law enforcement, and have a blood alcohol level of .02 or higher you will automatically have your driver's license suspended for six months. The .02 limit really means that you cannot have a single drink and drive.
Contact a Criminal Defense Attorney
As a former public defender and state prosecutor Corey Cohen has personally handled hundreds of DUI cases and know the winning strategies to give you the best chance at trial. If you have been asked to submit to a blood or breath test and have any questions about your results please call The Law Office of Corey I. Cohen at 407-246-0066, or you may email us your questions or contact us.
Learn more about how you can get your breath results thrown out from a DUI attorney at The Law Office of Corey I. Cohen. Call now for a free consultation.