When a police officer has probable cause to arrest an individual for driving under the influence, he is allowed by law to request that person submit to the taking of a breath test. A breath test is usually conducted by a trained operator at either a centralized location or occasionally at a mobile unit which is called a "Batmobile".
There are substantial rules and regulations which govern the certification of a breath machine, the maintenance of a breath machine, the certification of the breath operator, and the performance of the test. Failure to comply with any of the regulations required by law could result in the inadmissibility of the breath test reading in a court of law.
The breath test is usually conducted by blowing into a tube which leads into a machine designed to analyze and register a blood alcohol reading.
When you signed for your drivers license you agreed to take a breath, blood or urine test if lawfully required by a police officer having probable cause to believe that you are under the influence. If you refuse to take the blood, breath or urine test then by law your license will be confiscated and, if the confiscation is upheld by the administrative review process, your license will be suspended.
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Chartered Law Offices of
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2699 Lee Rd., Suite 505
Winter Park, Florida 32789
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