If you took a breath test in Hillsborough, Pinellas, or Pasco County, then an officer must have observed you for a 20 minute period before you took the test. If the officer failed to observe you, or did so incorrectly, then a Criminal DUI Attorney may be able to get your breath test result thrown out of court.

Florida Administrative Code Rule 11D-8007 outlines the procedure that the officer utilizes to take the breath sample from the arrested. The rule requires the breath test operator, agency inspector, arresting officer, or designated person shall reasonably ensure that the subject has not taken anything by mouth or has not regurgitated for at least twenty (20) minutes before administering the test.

The intent of the rule is clear: we don’t want anything in the arrested person’s mouth that could interfered with the accuracy or reliability of the machine. Burping up alcohol from the stomach, acid reflux, a strong couch, chewing gum, eating bread, and a million other things will destroy the reading.

Therefore, if the officer does not maintain a 20 minute observation period before securing the test breath sample, he cannot later assure the jury that the test result is reliable.. After all, the breath sample is gone immediately, and incapable of retesting.

In such a case, your Tampa DUI Criminal Attorney would file a motion to suppress with the court. At the hearing, your criminal attorney would argue that the results are unreliable because the proper procedures were not taken, and therefore should be thrown out of court. Without the results of the breath test machine, the case against you is severely weakened. The State Attorney will then be in a position to consider a reduction of the charge to a reckless driving if not an outright dismissal.

Contact a DUI Attorney in The Tampa Area Today

If you have been arrested or charged with a crime, contact Denmon & Denmon Trial Lawyers at 813-554-3232 (Hillsborough) or 727 -753-0049 (Pasco or Pinellas) to discuss your case. Ask to speak directly to an attorney.