Failed a Breath Test? Talk to an Orlando Breathalyzer Lawyer Who Knows Where the Machine Fails.

Yes. The Intoxilyzer 8000 depends on proper maintenance, inspection and operation. Missed inspections, operator errors, an interrupted 20-minute observation period, mouth alcohol from reflux or dental work, certain medical conditions and rising blood alcohol can all produce a reading that doesn't reflect your level while driving. A result that looks damning is often more vulnerable than it appears.

We subpoena the maintenance and inspection history for the specific machine used, verify the operator's and inspector's permits, check whether the 20-minute observation was followed and whether the two samples agreed, and look at medical factors that can inflate a reading. When the evidence supports it, we file a motion to suppress. Because the breath result is usually the State's strongest proof, excluding or discrediting it can lead to a dismissal or reduced charge.

Under Florida's implied consent law, a first refusal brings a 1-year administrative suspension, and 18 months if you've refused before — a second refusal is also a separate first-degree misdemeanor. The refusal can be used against you at trial. But a refusal also means the State has no breath number. We look at whether the implied consent warning was given correctly and whether the arrest was lawful in the first place.

Before a breath test, Florida requires the operator to observe you for 20 minutes to make sure you don't burp, regurgitate, vomit or put anything in your mouth — any of which can bring alcohol into your mouth and inflate the reading. If the officer left the room, looked away or did paperwork instead of watching, the result's reliability is in question and we can move to suppress it.

They can. GERD and acid reflux can bring alcohol from the stomach into the mouth and produce a falsely high reading. Recent dental work can trap alcohol. Some medical conditions and diets have also been raised as factors. We gather your medical history and, when appropriate, use expert testimony to show the reading didn't reflect your true blood alcohol level.

Breath-test defense is usually part of your overall DUI defense, and the cost depends on the facts, the hearings involved and whether the case goes to trial. We'll explain our fee clearly, in writing, during your free and confidential consultation, before you decide anything.

Yes. Florida can prove DUI by showing your normal faculties were impaired, even with a result under 0.08, and officers may ask for a blood or urine test to look for drugs. A result under the limit is a strong fact in your favor, and a DUI attorney makes sure it's used — including at your DHSMV hearing.