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Challenging a DUI Breath Test in Florida

Drunk driving is operating or driving a motor vehicle while under the influence of alcohol or drugs to the degree that your mental and motor skills are impaired. Police must follow strict rules and procedures during a traffic stop and subsequent investigation. If they do not, you may be able to challenge the evidence brought against you.

Here are a few tests a Florida police officer might perform when suspecting a DUI:

- Walk and Turn
- One Leg Stand
- Horizontal Gaze Nystagmus test

An officer can also administer operating tests which might include:

- Officer raises his hand and has you count the number of fingers raised
- He may have you stand with feet together and tip your head backwards
- Officer may ask you to recite the alphabet or a portion of it
- Officer may ask you to count backwards
- He may ask you to take index finger and touch your nose
- Rhomberg's balance test
- Officer has you extend your hand in front of you, palms up

At the police station, you will be offered a chemical test of breath, blood or urine. Breath test results are available immediately. Urine and blood tests go to the lab for later analysis. If you refuse chemical testing, you will normally be booked for driving under the influence.

A DUI conviction can carry serious consequences for many years. Charges, however, don't guarantee a conviction. An officer must have reasonable suspicion to pull you over. Failing to follow proper procedures and rules when administering field sobriety exercises can get your case dropped.

Being convicted of Florida DUI or Orlando has harsh penalties. You could lose your license, vehicle, job and even your freedom. Below are some examples of convictions:

Conviction #1 - up to six months in jail, $2,000 in court costs and fees, up to a year driver's license suspension, DUI school, and community service.

Conviction #2 - up to one year in jail, $3,000 in court costs and fines, if more than 5 years since your first DUI conviction, driver's license suspension could be up to one year, if within 5 years of your first DUI conviction, the conviction will be driver's license suspension for up to five years, DUI school and more.

Conviction #3 - up to five years in prison, possible felony charges, ten year driver's license suspension and more.

Florida DUI law requires an ignition interlock device to be installed on vehicles of persons convicted of DUI if your breath test is high,, upon reinstatement on a restricted or permanent driver's license.

Drunk Driving offenses need professional DUI Defense Attorneys in Orlando.


You will need to hire an experienced Orlando DUI lawyer or an Orlando DUI attorney who have had experience and know the Florida DUI laws.

Free Case Evaluation Call Today! 407-228-3838

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