If you are arrested while driving under the influence (DUI) in Tampa, Florida it is serious and you might lose your license, pay a fine, go to jail or have to use an ignition interlock device fitted to your car, even if you are still allowed to drive. The sentence will be harsher if it is a second offense or if someone has been injured or killed because of your driving. A test of your blood alcohol content (BAC) will be important evidence the police will use when charging you with Tampa DUI.
There are different ways that a law enforcement officer can test your blood alcohol level. None of them are completely foolproof and there have been serious criticisms of the way these tests have been carried out, or of the accuracy of the test used. Every year in tampa there are, probably, many people who are convicted of DUI because of a BAC test which is inaccurate, but the person has been too timid to challenge it.
If you have been arrested for DUI in Tampa and have been charged because a blood test showed you were above the legal limit (0.08%), then you should hire a DUI lawyer to help you fight the charge. There are many ways in which a good DUI lawyer can get you off the charge completely or at least get you a lesser sentence.
When you are taken to the police station, you will be asked if you agree to take a blood alcohol test and you will be reminded of Florida’s “implied consent” law. This law means you can be penalized if you refuse to take the test because you have already “consented” to take a test, if necessary, when you were given your license.
DUI lawyers recommend that it is better for you to take the test, but suggest you record anything you notice about the way in which it was taken.
There are two different types of test commonly used in Florida and neither is free from errors. The most common test is the breath test. You have to breathe into a tube which causes a reaction between any alcohol in your breath and a chemical in the machine that changes color. The other test used is a blood test. A blood sample is taken and it is analyzed in a lab for alcohol content. Sometimes you might be asked to have a urine test.
These tests have shown time and time again that they are not free of errors. The equipment can be faulty; the officers using them may be untrained, poorly trained or make mistakes. The samples may be lost or contaminated. Your own health or things that you have taken, like food or medicines, can affect the result.
When you talk to your DUI lawyer, give a detailed description of everything that happened from the time you were stopped in your car. Explain what you had to drink, if anything, and what health factors may have affected your blood tests. Describe how the officer treated you and how the tests were taken.
A good DUI lawyer will be able to assess where the weaknesses in your DUI charge lie. He or she will want to examine how tests were taken and how reliable they were.
Many DUI charges are thrown out of court because of the way BAC tests are taken or measured. Your DUI lawyer may be able to get you off a DUI charge or have the charge reduced. A DUI charge can affect you and your family for a lifetime. Fight your DUI charge with the help of a good DUI lawyer!