Daytona Beach Breathalyzer Defense Lawyer

Melbourne DUI Attorney

In Florida, you can be charged with drunk driving if you were driving with a blood alcohol concentration of 0.08 or more. This has a technical, scientific meaning. It means that for every 210 liters of breath (or 100 milliliters of blood or 67 milliliters of urine), a drunk driver had 0.08 grams of alcohol — according to the Breathalyzer test.

Attorney Fleming Whited has been a leader in the field of DUI defense since the mid 1980s. He has spoken at over 150 continuing legal education programs in over 30 states, and in four foreign countries on all aspects of defending a DUI case.

One thing that Mr. Whited knows for sure is that Breathalyzers are controlled by a primitive computer that calculates the blood alcohol level of the subject by assuming he or she is average in all ways — despite the fact that individual physiology and alcohol metabolism vary greatly. Breathalyzers also fail to account for operator error, consumption of food and certain medications, all of which can skew the results of the breath test.

A History of Challenging Breath Test Results

Early on in his legal career he was successful in excluding the Smith & Wesson Breathalyzer Model 900A from evidence based on the failure of the local police agency to properly follow manufacturer's instructions to detect radio frequency interference. This led to a major article in his local newspaper. This, of course, led to many people requesting his services.

A few years later, Mr. Whited led the challenge to the Intoximeter 3000 breath test machine. He alleged and proved that the machine had been modified from the original version approved by the State of Florida. A local trial judge excluded the machine from evidence.

Mr. Whited was retained by numerous persons and law firms all over the state to mount similar challenges in their counties. The state appealed the granting of the motion in Volusia County and the appellate court affirmed the suppression of the evidence. Based on this case, allegations of modifications of various breath testing machines resulted in thousands of breath test results being thrown out of court.

Contact a Daytona Beach Breathalyzer Defense Attorney

If you have been accused of driving under the influence, talking with a lawyer is critical. Schedule an appointment with one of our Florida DUI attorneys by calling 386-253-7865 or completing our online contact form. We offer free, confidential and non-judgmental consultations to answer your questions and discuss the options available to you. We welcome your call.