Florida DUI Fines and Penalties

DUI Attorneys who Build Strong Defense Strategies

If you have been arrested for DUI (Driving Under the Influence of Alcohol), the Florida DUI fines and penalties mandated by state law can be very difficult and expensive. And given the complexities of Florida’s DUI laws, it is very advisable to have the experienced legal representation and knowledge of the DUI defense attorneys at McGRATH GIBSON.

Possible Reasons for Failing a Breathalyzer Test and Possible Defense Strategies

The conversion formulas blood alcohol content, (BAC) breathalyzer test units use assumes that the amount of alcohol in your breath is equal to the amount of alcohol in your blood.

BreathalyzerBAC units like this one, measure the amount of alcohol in your breath and lungs, NOT the actual amount of alcohol in your blood stream. They do so by taking a measurement or sample of your breath, measuring the alcohol levels, and then multiply that measurement by partition ration of 2100, An average partition ratio! There is no standard partition ratio for humans. A person’s partition ratio can vary from 1500 to 2800. And when the legal limit is only .08 it is very possible for a breathalyzer to over estimate how much alcohol is actually in a person’s blood stream.

High alcohol levels in a person’s mouth.

There are a number of reasons that can cause the level of alcohol in a person’s mouth to be higher than the amount of alcohol in their blood. Here are a few reasons that can have a significant effect on a breathalyzer reading:

  • Breath freshener sprays, breath lozenges and even breath mints.
  • Cold medicines, cough syrups and mouthwashes.
  • Smokeless tobacco such as chewing tobacco or dip.
  • Some types of dentures and denture adhesives retain alcohol.
  • Emergency inhalers.
  • Blood in the mouth.

Any of these conditions or products can increase a breathalyzer reading and cause a person to appear to be over the legal limit of .08%.

Acid Reflux Disorder.

Yes, Acid Reflux is a medical condition that can increase the results of a breathalyzer test. And a documented medical history of such a disorder can be used to explain a breathalyzer test that is over .08%, especially if it is only slightly over.

Jacksonville Florida Personal Injury Lawyer and Jacksonville Family Law Attorney Disclaimer:

The lawyers of McGRATH GIBSON are licensed to practice in the states of Florida, Georgia, and North Carolina. Additionally, we represent the injured throughout the United States pro hoc vice, and with the help of local counsel. While we strive to personally handle all types of personal injury and wrongful death claims there are occasions where cases may be referred to another lawyer. We proudly offer representation to Military Veterans and the Men and Women who currently served our armed forces at the Mayport Naval Station, Naval Air Station of Jacksonville, Camp Blanding, United States Army, Army Reserve, United States Marines, Florida National Guard, Air National Guard, United States Coast Guard, Air Force, and Air Force Reserve. McGRATH GIBSON family law attorneys offer representation in the areas of Family Law, Divorce, Alimony, Child Custody and Child Support throughout Florida. Representation for Military Divorce handled throughout the United States and U.S. Territories independently or with local counsel where required.

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