Can you beat a DUI after failing the breath test if you blew over the legal limit? Attorney Manny Serra from the Rossen Law Firm says "Yes", you can beat a DUI after blowing over the legal limit on a breathalyzer. Learn how to beat a DUI using legal motions and DUI legal defense tactics.
Chapters: 0:35 - Challenging Violation of Rights 0:48 - Officer Did Not Have Probable Cause to Begin Investigation 1:11 - Officer Did not Have Enough Evidence to Perform Arrest 1:50 - Cannot Prove Intoxication at Time of Driving 3:28 - Attack Inaccuracy of Breathalyzer Test 4:58 - Failure to Properly Observe Suspect
If you failed the breath test and blew over the legal limit for DUI, there is still hope. You can still beat your DUI charge by hiring a DUI Defense Attorney with experience filing legal motions and challenging police investigations.
In the state of Florida, the legal limit for blood alcohol content (BAC) is .08. In Florida, you are charged with DUI when you are found being in actual physical control of a vehicle while your mental faculties are impaired. According to the law, you are considered impaired by alcohol if your BAC is .08 or higher.
If an officer violates your rights during the DUI investigation, that can allow an attorney to suppress the evidence collected during the investigation thereby allowing you to get the charges dropped.
In court, it also must be proved that a DUI suspect was intoxicated at the time of driving and not just at the time that the test was administered. If you blow over the legal limit, it means you were over the legal limit at the time the test was administered and not necessarily at the time of driving.
There are a number of ways a DUI Defense attorney can attack a case even if you failed the breath test. If you would like more information, contact the DUI Defense Legal Team at the Rossen Law Firm in Fort Lauderdale, Florida.
Fort Lauderdale Office 6400 N Andrews Ave #510 Fort Lauderdale, FL 33309 Phone: 754-206-6200
