Florida Criminal Defense and DUI Defense Blog

19May, 11

To be allowed to tell the jury your breath tests results, the prosecution must first “lay a foundation” to support the introduction of the “numbers” that are to be considered by the jury. The prosecutor must establish that the machine was in good working order and that it had been used in the manner approved by the State.

In Florida, only one breath exhalation is mandated, and this faulty procedure (faulty because the result has not been repeated to show that the initial reading was a reliable reading) is “good enough for government work.”

The State’s failure to “lay a proper foundation” will result in the test results not being admitted into evidence, such a failure of proof of a key part of the DUI-DWI case can either end the case or render the remaining “proof” inadequate to support your conviction.

Fort Pierce DUI Lawyer, Michael Kessler assists persons charged with drunk-driving or other criminal arrests.  Contact the Go-to-Guy for DUI today for a free review of your pending case.

Attorney Mike Kessler
Written by: Attorney Mike Kessler

Attorney Kessler has been practicing criminal law in Florida for 30 years. He is recognized as is a leading authority on drunk-driving defense as well as a founding member of the Saint Lucie County Association of Criminal Defense Lawyers and co-author of The DUI Book: Florida Edition, the definitive resource on DUI in Florida.

To speak with Mike, call 772-466-4900 or click here for a free consultation.

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