Driving with an Unlawful Blood/Breath Alcohol Level (DUBAL)

Florida DUBAL Defense Lawyer Protecting Your Rights Against Unlawful DUBAL Charges

DUBAL charges (Driving with an Unlawful Breath or Blood Alcohol Level) in Florida can have a serious impact on your life. You may face steep fines, even if you felt sober and could do a field sobriety test with no problem. However, prosecutors rely more on chemical tests like breathalyzers and blood tests to build their case. As a thoroughly experienced Florida DUBAL defense lawyer, I’ve helped clients achieve the best possible outcome by proving these tests are not always reliable.

The Kessler Law Firm possesses extensive knowledge of DUI science to challenge test results in cases involving unfair DUI and DUBAL charges. Board-certified criminal trial lawyer Michael Kessler has over four decades of experience helping clients secure dismissals and reduced charges for DUBAL charges.

What Is DUBAL?

DUBAL charges result from chemical tests resulting in 0.08% or higher in adults aged 21 and over. Adults under age 21 and minors have a legal BAL of 0.02% in Florida. If your BAL is above these limits, you can be charged with DUBAL even if you felt perfectly sober and were not driving erratically or recklessly. DUBAL is DUI.

Defense Strategies for DUBAL Charges

The authority of the police to conduct a traffic stop, investigative detention, and even the DUI arrest itself arrest may all be challenged. If your lawyer can show that the police exceeded their authority at any one of these three points in time, you may obtain a dismissal right then.

Disputing Probable Cause

A case can easily collapse if the traffic stop was unlawful. If there was no reasonable cause to have you pull over, it significantly weakens the prosecution’s case.  It might even make the case impossible to prosecute.

Questioning Testing Procedures

When you were pulled over by law enforcement, did they follow the required protocols? Field sobriety exercises are incredibly inconsistent across police departments, and officers can be subjective in how they administer and score them.

Challenging Breathalyzer Machines

Breath alcohol testing machines are varied, depending on their manufacturer.  However, only the Intoxilyzer 8000 made by CMI in Kentucky is approved for use as evidence in a Florida courtroom.

Michael Kessler has studied the science of breath testing, and owns his own Intoxilyzer 8000, the instrument used by all Florida law enforcement agencies for breath-alcohol testing. 

This machine is not infallible, and there may be reasons to dispute its accuracy and reliability in your case.  Attorney Kessler knows this machine and the science of breath alcohol analysis backwards and forwards, and knows where to look for evidence to challenge the machine’s results in your case.

Challenging blood testing

Gas chromatography is the primary method used by crime labs and law enforcement agencies to try to determine the blood alcohol level of the accused drunk driver.

Attorney Kessler has studied gas chromatography in a real laboratory, under the direction of Harold McNair, the “Father of Gas Chromatography” and Lee Polite, Dr. McNair’s former graduate assistant and the owner of the lab.

While the science is sound, and the machine may be state of the art, there are dozens of places between your arm and this machine where contamination or other problems may have occurred, which your lawyer may use to destroy the government’s case against you.

Analyzing Medical Conditions

Some medical conditions may affect breath alcohol results. False positives and/or compromised or contaminated samples may occur due to such ailments as diabetes and GERD, commonly known as acid reflux, or gastro-esophageal reflux disorder.

Why Choose Kessler Law Firm? 

Facing DUI charges can feel like your entire life is on hold. The Kessler Law Firm understands the gravity of the situation and is here to advocate for you.

Florida DUI lawyer Michael Kessler is a proven attorney with over 40 years of criminal defense experience throughout the Treasure Coast. Michael’s reputation as a relentless advocate for his clients is demonstrated in the results. When the stakes are high, the Kessler Law Firm provides keen, comprehensive representation with defense strategies uniquely tailored to your case.

Whether it’s challenging faulty breathalyzer results or dismantling weak prosecutions, the Kessler Law Firm will fight for you when your future is on the line.