“Should I submit to a breath test?”
This is the most common question that Panama City DUI attorney Tom Hutton is asked. What he can tell you is this: submitting to or refusing a chemical test of your breath or blood is a personal choice. This is certainly a question that cannot be adequately answered on this website alone.
Regardless, if you do choose submit to a blood or breath test that evidence can be used against you in a subsequent DUI trial. Unless, of course, your DUI attorney can get those results thrown out of court based upon a violation of your Constitutional rights.
Keep in mind that a second refusal to submit to a breath test is a misdemeanor in Florida independent of the DUI arrest itself.
The second most common question asked of Panama City DUI attorney Tom Hutton is:
“If I did provide a breath or blood sample doesn’t that mean I lose automatically?”
This question is easier to answer – NO, NO, NO!
The only way that a person arrested for DUI loses automatically is if the person admits to the judge that he or she is guilty prior to consulting with a Panama City DUI attorney.
Just because you have submitted to a sample of your blood or breath all is not lost. Tom Hutton can look at the facts of your case to determine:
- Was the test valid?
- Was the test administered correctly?
- Should the test have been given in the first place?
Even if the answer to each of the above questions is “yes” Panama City DUI attorney Tom Hutton can present arguments to the jury that will help convince them that this test is not as reliable as most assume it to be.
Chances are, if you were arrested for DUI in Florida you were asked to submit to a breath test. The machine in which you were asked to blow is known as the Intoxilyzer 8000.
This machine is notoriously inaccurate but is an improvement over its older brother the 5000.
Nonetheless, it is the job of your Panama City DUI attorney to show the judge and the jury that this “computer” cannot adequately gauge the amount of alcohol in your bloodstream at the time of your arrest.
How? Perhaps the arresting officer did not follow proper procedure in administering the breath test. Or it could be that he did not follow the rules regarding the “20 minute observation period.”
Maybe the machine was not properly calibrated in the months preceding your DUI arrest. For any or all of these reasons your DUI lawyer may be able to have the test results stricken from the record or he may be able to explain to a jury why the results should not be trusted.
This is why it is important to seek the help of a qualified DUI attorney rather than a general practitioner who only occasionally handles DUI cases. As you can see, this evidence is highly technical and proper training is needed to master Florida’s DUI laws.
If you weren’t involved in a crash then the arresting officer in your case should not have requested a blood test from you. He should have requested a breath test.
Additionally, even if you were involved in a crash the laws of Florida limit the circumstances under which an officer may request that you submit to a blood test.
Tom Hutton knows when it is ok and when it is not ok for an officer to ask for a blood sample and he is ready to help you fight the results of a blood test.