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I actually passed the breath test, but the police still arrested me. How is that possible?

Posted by Michael G. Butash | Aug 11, 2017 | 0 Comments

I actually passed the breath test, but the police still arrested me. How is that possible?

Under Florida law before a breath test is admissible, you would of had to of been placed under lawful arrest. You would of already of been under arrest prior to giving a lawful breath test. If you blew under the legal limit when you gave that breath test, the question is, was that after you were arrested or prior to? If it was prior to, that's not admissible in court currently. If it was after, then you would have been given a breath test in what's known as the intoxilyzer eight thousand machine. If you blew under the legal limit, obviously that's going to help your case but the State can still go under the premise that your normal faculties were impaired. Essentially what that means is that alcohol affects everybody differently. Everybody has had that one friend that has had maybe just two drinks and they're off the wall. Really, that's the premise this State is going to go under.

About the Author

Michael G. Butash

Michael G. Butash Stetson University College of Law Florida State University Former State Prosecutor Mike grew up in the Tampa Bay area and graduated from Stetson University College of Law in 1997. He was immediately hired as an Assistant State Attorney for the 6th Judicial Circuit (Pinellas/...

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