Many individuals charged with driving under the influence (DUI) in Palm Beach believe that the DUI breath test is unbeatable evidence that will lead to their conviction every time. Even if you think the breath test is the ultimate  in evidence of DUI, there are many ways for a good attorney to fight it. Often considered unreliable by its very nature, the Florida breath machine provides a wide range of possible defenses for a skilled Palm Beach DUI attorney.

At Musca Law, we can work with you even if your breath test reading came in at a .15 or greater. Pre-trial motions for exclusion of evidence and use of other pre-trial procedures can often lead to a dismissal of your charges or, at the very least, a reduction to something less serious.

What’s Wrong With The DUI Breath Test?

A good Palm Beach DUI lawyer will tell you that the breath test just does not provide the reliable results it claims to provide. It can often spit out false results on the basis of conditions like acid reflux disease or when a person has belched in the preceding 20 minutes. Likewise, the test is sensitive to bodily conditions and short-term illnesses that will raise the blood alcohol level above what it should be. Contact Musca Law to discuss your options with Palm Beach DUI attorneys that understand the faults of Florida’s breath test method.

Florida courts have run hot and cold on the breath tests, and many courts see them as “mystical” machines that give out results that should not be relied upon in court. Because of this, the best Palm Beach DUI lawyers can fight use of the test evidence when it would otherwise be allowed in court. Pre-trial motions to suppress are often successful and other means of fighting the test are also available. These means include criticizing the arresting officer’s conduct and moving for further inspections of the machines used.

Defenses Under the 20-Minute Observation Rule

In order to ensure the legitimacy of tests, Florida law requires that officers observe DUI suspects for 20 minutes prior to administering the breath tests. If an officer fails to do this, then the results of the test can be invalidated. This type of defense often leaves the state with little basis to its case, and a dismissal will typically follow.

Understand that an incriminating DUI breath test reading is not the end of the line. Contact Musca Law and let our skilled attorneys explain the many options for winning your case.

How to Avoid Appearing At The Arraignment, After your arrest under DUI charges, and after your release through bail, you will receive a Court Notice issuing you a summons to appear before the Court to plead guilty or not. This first hearing is called an arraignment. You are required to plead guilty, not guilty, or no contest. At this point, the State will not provide any information regarding any witness, Police report, video recordings, or medical reports relating to the case. If you appear on your own, you may be subjected to pressure from the Prosecutor Attorney.

In the absence of your Defense Counsel, the State Attorney will send all necessary documents to you, and prepare the case for future hearings. The Prosecutor will offer you a one-time deal for arraignment. Failure to accept the offer will result in more severe penalties in the future for the defendant. The defendant is deprived of investigating their own case and defense if they appear at the arraignment on their own. In these circumstances, the Court will try to settle the arraignment by applying pressure, so that they can reduce the burden of pending cases.

Those who are unfortunate to not have a Defense Counsel at the time of hearing their arraignment will have to withstand the pressure alone, unsupported of experienced legal techniques, and ultimately submit the case themselves. The only way to get out of the situation is to hire a West Palm DUI Lawyer to stand as your Defense Counsel. Your Attorney will then file a Notice of Appearance, and a written plea of not guilty. This avoids having to appear for the arraignment, and protects you from the pressure of the Prosecuting Attorney. The only way to avoid arraignment without knowing the State’s evidence against you is to hire a West Palm DUI Lawyer. The Defense Attorney will take all necessary steps to ensure that the defendant is not required to attend the first arraignment.