Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here Read more ...


« Police Officer Must Take Care in Taking Breath Test to Avoid Driver’s License Suspension overturned

During the investigation, the officer takes the breath test of the driver who is charged for the DUI case. The officer conducts the breath test of the driver, when the driver submits the test there are certain rules that officer must follow. When the driver is accused due to alcohol reason in Florida, the Department of Highway Safety and Vehicles directly suspends the driver’s license.

Breath Test

Any how the driver has the right to defense for DMV license suspension by a formal hearing in which the lawyer raises voice favoring the driver on the legal points like the stop of the driver was legal, the reason to arrest the driver was correct and that the breath test was valid. These are the points on which the lawyer speaks on behalf of the driver.

Some of the rules that are associated with the breath test is that police office when taking the breath test of the driver must observe him from earlier stage for at least 20 minutes earlier than the test time. It is because the test that is conducted is meant to judge the breath of the driver so that it can be proved whether he was drunk or not before he started to drive. The office must observe his behavior to check if he may have eater or swallowed anything earlier to vanish the alcohol signs before the breath test. The office can check him/her closely by watching behavior. A video can be conducted for his observation and measuring behavior. Previously some DUI case had same incident, the driver did some pretending act and the office judged it later and so his penalty was charged harsh.

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