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Blood/Breath Tests in Florida

At David Golden P.A., we help protect the legal rights of clients facing DUI (driving under the influence) charges in Stuart, Florida. When a person is stopped by law enforcement under suspicion of driving under the influence they may be asked to submit to blood or breath tests. Both tests are used to determine the amount of alcohol that a person has consumed and as to whether or not they may be intoxicated.

A blood test measures a person’s BAC (blood alcohol content). It is performed by inserting a needle and obtaining a specimen of a person’s blood. If a person has a BAC at or above 0.08% they can be charged with DUI. If a person is a commercial driver they only need to have a BAC at or above 0.04% to face arrest or if a person is under 21 then their BAC does not have to exceed 0.02%.

Stuart DUI Attorney

A breath test is administered by use of a breathalyzer machine to measure a person’s breath alcohol level. It is said to be very approximate to a blood test. A person is instructed to blow into a device that then measures the amount of alcohol concentration within their deep lung region known as the “alveoli”. As with a blood test a person can be charged with DUI if they are determined to be intoxicated.

In Florida under the implied consent law, people are expected to agree to submit to a breath test or a blood test. If they refuse they face automatic driver’s license suspension for 1 year or longer. This is because when a driver’s license is first issued in the state of Florida, a person automatically agrees at that time to submit to a blood/breath test if they are ever suspected of DUI by law enforcement. There are many known issues with both blood and breath tests, including:

Blood Test Issues:

  • Improper administration
  • Improper training
  • Contamination of blood
  • Mix up of blood test with other specimens
  • Fermentation of a blood sample

Breath Test Issues:

  • Improper calibration of a breathalyzer machine
  • Mechanical malfunctions
  • Poor maintenance
  • Contamination from outside electronic devices
  • Mouth alcohol from mouthwash, breath fresheners and some cold remedies can affect results
  • Time lapse

Attorney David Golden provides exceptional legal representation to clients throughout Martin County, Florida and the surrounding areas charged with DUI. He is AV rated by Martindale-Hubbell for high ethical standards and legal ability. This has put him in the top of his class making him one of the many sought after lawyers across the nation.

Protect Your Future Beginning Today

David Golden, P.A. has an excellent reputation amongst both professional and clients alike throughout the Martin County area. If you want a Martin County blood/breath tests lawyer who is dedicated to his client’s legal rights and obtaining a successful outcome, please contact DUI attorney David Golden today to schedule a free consultation.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
David Golden, P.A. - Stuart DUI Lawyer
Located at 903 SE Central Parkway, Stuart, FL 34994.
Phone: (800) 483-0998.
Local: (772) 220-4400.
Website: .