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What You Need To Know About DUI Breath Tests

Under Florida law, anyone who is driving a vehicle with an alcohol level of .08 or higher is presumed to be impaired and guilty of DUI.

As an experienced DUI defense attorney and former prosecutor, our founder Corey Cohen knows this is not always the case. Many times our attorneys defend people who have a much higher blood or breath alcohol level, and are able to win these cases.

The .08 is only a presumption that you are impaired — not proof of it. Keep in mind that everyone has different tolerances to alcohol. While one person may be impaired after one drink, another person may have four drinks and still have all their normal faculties in place.

As a former public defender and state prosecutor, Corey Cohen has personally handled hundreds of DUI cases. He leads a team of defense attorneys well versed in the winning strategies needed to give you the best chance at trial. Call 407-680-2093 today for a free consultation.

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.

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 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.

What We Can Do For You

If you refused to take the breath test, your chance to prevent an automatic driver’s license suspension occurs at your DMV hearing. The Law Office of Corey I. Cohen & Associates works with numerous clients with the sole goal of persuading the DMV to return their driver’s licenses.

Headed by a a former public defender and state prosecutor who has defended and prosecuted hundreds of drunk driving cases, the defense team at The Law Office of Corey I. Cohen & Associates has the experience and training in DUI cases necessary to give you a competitive advantage.

How We Do It

You may feel your case against the powerful bureaucracy of the DMV is hopeless. However, there are numerous possible defenses that may save your driving privileges:

  • The police may have failed to explain the meaning of “implied consent” and to read you your rights before asking you to take the breath test.
  • The breath test machine’s reading may not have given a valid reading had you taken the breath test.
  • The police may not have had adequate probable cause when they pulled you over.

We have succeeded in preventing the loss of driving privileges for numerous clients.

Recovering Driving Privileges Through Hardship Licenses

A separate advantage to hiring an attorney is the possibility of obtaining a hardship license. Once a hearing is requested, the DMV will extend your hardship license for an additional 30 to 45 days between the alleged violation and the DMV hearing. For this reason alone it is worth your while to work with a lawyer whether or not you took a breath test.

Contact Our Attorneys Now

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 & Associates at 407-680-2093, or you may email us to schedule a consultation.

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