How to Beat a DUI Charge After Failing the Breathalyzer Test

Can you beat a DUI after failing the breath test if you blew over the legal limit? Attorney Manny Serra from the Rossen Law Firm says "Yes", you can beat a DUI after blowing over the legal limit on a breathalyzer. Learn how to beat a DUI using legal motions and DUI legal defense tactics.

-Learn More About Attorney Manny Serra:
-Learn What to Do if Arrested for DUI:
-Learn More How to Save Your License After Getting a DUI:

Chapters:
0:35 - Challenging Violation of Rights
0:48 - Officer Did Not Have Probable Cause to Begin Investigation
1:11 - Officer Did not Have Enough Evidence to Perform Arrest
1:50 - Cannot Prove Intoxication at Time of Driving
3:28 - Attack Inaccuracy of Breathalyzer Test
4:58 - Failure to Properly Observe Suspect

#HowToBeatADUI #FailedBreathTest #WinDUI #WinningDUICase #DUIChargesDropped #FloridaDUIAttorney #RecklessDrivingCharge #DUILawyer #DUIDefenseAttorney #SouthFloridaDUI #FortLauderdaleDUI #DUIWin #DUILawyerNearMe #DUICase #DUIArrest #DUICharge #RossenLawFirm #FloridaDUILawyer #AttorneyMannySerra #fortlauderdaleDUI #duidefenselawyer

If you failed the breath test and blew over the legal limit for DUI, there is still hope. You can still beat your DUI charge by hiring a DUI Defense Attorney with experience filing legal motions and challenging police investigations.

In the state of Florida, the legal limit for blood alcohol content (BAC) is .08. In Florida, you are charged with DUI when you are found being in actual physical control of a vehicle while your mental faculties are impaired. According to the law, you are considered impaired by alcohol if your BAC is .08 or higher.

If an officer violates your rights during the DUI investigation, that can allow an attorney to suppress the evidence collected during the investigation thereby allowing you to get the charges dropped.

In court, it also must be proved that a DUI suspect was intoxicated at the time of driving and not just at the time that the test was administered. If you blow over the legal limit, it means you were over the legal limit at the time the test was administered and not necessarily at the time of driving.

There are a number of ways a DUI Defense attorney can attack a case even if you failed the breath test. If you would like more information, contact the DUI Defense Legal Team at the Rossen Law Firm in Fort Lauderdale, Florida.

Fort Lauderdale Office
6400 N Andrews Ave #510
Fort Lauderdale, FL 33309
Phone: [phone]

[ArmchairRamb]

But how much does it cost to challenge? A real attorney like this is likely beyond the reach of most.

[mwfanatic]

Good video, I like how your straight forward no bs

[Whatsthe_dill]

I'm going through a blood draw DUI and the cop said I was swerving in and out of lanes and dash cam shows I'm was driving with the flow of traffic and the medication I was on I had taken 8 hours earlier and perscribed. The blood test I took wasn't filled in proper tubes and was under filled, and in washington State, they have strict guidelines. I go to trial next month.

[freedomfighter-]

So you're saying always burp into a breath test so it can get thrown out? Excellent I can burp on command lol

[joeybagodonuts]

That burp thing is an excellent idea. If you can visibly belch on camera without the cop noticing- that could be helpful.

[gwine]

The headline says it all. Doesn't matter if you are guilty, we will help you beat it.

[isabelordaz]

What if you got a DUI at a checkpoint in Riverside, California? All tests were completed; walk heel to toe in a straight line, stand on one foot, follow finger without turning head, then I was asked if I could take a breath test and I said no and then the officer told me to close my eyes look up and count to 30. Once counted to 10 I was arrested and sat down at a bench and handcuffed to the bench then they took the breath test after explaining to me if I refused it could effect me. I blew once and then he turned to his other officers and asked for another machine and had me blow again, I was intimidated by officers which led me to be nervous and when he asked me to blow again I didn’t blow all the way (this happened 3x) and then he seemed frustrated and told me that I needed to blow until he tells me to stop otherwise the next time I don’t blow all the way the machine will not function properly and we’d have to wait longer for it to load and be able to complete the test again. So I blew again and I blew over a .080. And was given a ticket and temporary license and they towed my car.
Also when taking the breathalyzer test I could see my car and there were about 5-6 cops checking my 2 seater car and I asked if they had a warrant to check my car and they all ignored my question then I asked again and a different cop told me that because they were taking the test they had a right to check my car.

[johnwaaser]

I had the operator pull the plug, then completely changed the breathing instructions. He screwed up to the point where the first blow after he pulled the plug was 1.45 liters of air and the final blow was 1.87 liters. Obviously that test was not done in accordance with the manual. My public pretender said "there's an anomaly." But because the operator had pulled the plug, he thought he could hide one of the two logins so we could not prove he had pulled the plug. He did such a good job, he totally obliterated all evidence of BOTH logins! So we had a breath test with his name as operator and mine as victim, but at the time of that test, it appears that nobody was logged into the device! Now it would be impossible to conduct a test without being logged in! So that is, to my eyes, conclusive proof that AFTER the test, he tampered with the login data. My ineffective public pretender refused to accuse either deputy of any form of malfeasance. At one point, he said, "this isn't a out the cops, John, this is about you!" The deputy who pulled me over lied about his probable cause, and then created a second lie out of whole cloth, to bolster his first lie, so that requires CRIMINAL INTENT! The DUI trained deputy disagreed on three points about my physical condition, in an effort to convince the court I was really drunk. They found receipts in my pocket for four drinks. I never came close to finishing the last one, which I had bought at 12:30, and I was there from 7pm to 2am, for a total of seven hours. I also was taking warfarin, and had I been up to, 12, I probably would have had internal bleeding, with blood in my urine, which there was no sign of on my intake physical. I spent 47 days in jail SOLELY because of the outrageous lie on the arrest report that said I was driving with no headlights whatsoever! You can see my passenger side headlight on in their dashcam video! The DUI trained deputy said I had watery eyes, but I am one of FIVE MILLION US citizens who suffer from a medical condition called DRY EYES! For him to claim he witnessed something that was physically, medically impossible, also would require criminal intent as would tampering with the login data to hide the fact that he had pulled the plug. I brought the volume data and the login records, both of which had been sent to me as eMail attachments by the FDLE, into court at my trial, and had them with me on the witness stand but the judge refused to allow me to refer to them! And my public pretender utterly refused to ask me any questions that would have allowed me to accuse either officer of any form of malfeasance! Needless to say I was found guilty by the jury. Then the public pretender's office in Tallahassee submitted the appeal to the wrong DCA!

I Wish to file a massive lawsuit against the Alachua County sheriff's office, the state of Florida, the eighth circuit state's attorney's office, and the 8th circuit public defender's office. I'm not suing to become wealthy, but I do want to be fully compensated for my physical and emotional distress (I am STILL medicated by the VA for PTSD as a result of that incident). But I would intend to change behavior. In view of the actual criminal nature of these defendants, I would ask the jury to add punitive damages to the compensatory damages, such that every police chief and sheriff in the state would know that they have to put a stop to this malfeasance so they can avoid such a large judgment. And when I filed a complaint against the deputies, the infernal affairs department exonerated the deputies, saying their actions were justified, lawful, and proper. There was a highly publicized case at about the same time where deputies refused to transport a female inmate who had gone into labor, to the hospital. After the baby was born on the cold concrete floor of the jail, they did take the mother and infant to the hospital, where the baby died in the mother's arms in about one hour. The internal affairs department said nobody did anything wrong then as well! Could you suggest a law firm that would be a good match to file such a suit?

[JerilynnDavis]

5:18 I got a dui in 2000. I still have a blow and go in vehicle. 5 attorneys and thousands of dollars. And I'm still being punished. This has to be unlawful. I need help. Please help me

[JShawnPaul]

What about beating the refusal hearing? My DUI was nol process Before I even saw the commissioner. I’m so confused

[melissasanto]

Not me but someone called 9-1-1 to report a driver in a private parking lot was driving drunk after arguing with the driver about needing more money for parking. The caller closed the gate and locked the driver in the lot. When the police arrived later, the driver was outside of the parked car. Hours later they blew over .08. What might defense argue and could this be beaten? The driver lost their job over this.

[briancgotcher]

Hypothetically speaking, let's assume a police officer stops you, suspects you have been drinking and asks you to blow into a breathalyzer at the the traffic stop. You refuse, get arrested, then agree to submit to the intoxilyzer at the police facility. Can you be penalized for refusing the breathalyzer at the actual traffic stop location. I've heard that the field breathalyzer is notoriously inaccurate, whereas the intoxilyzer, if operated competently is relatively accurate.
Can a citizen request a blood analysis in lieu of police administered breath test, and should one request a blood test?

[Aharon_k]

What were the results of the breath test case that the guy “burped in front of the machine”?

[keything]

great video would like you to call the manufacturer of the machine to testify in court (face my accuser type deal)....is that not allowed? ive heard florida has barred attorneys from calling the companies as a witness, like the red light camera that

[kingsj]

I was sleeping in the car. The cop woke me up, saw throw up on the floor outside the car and on my leg and arrested me for dui. I did blow over. Any advice? I have a lawyer but he hasn’t told me much

[donaldcurtis]

I was going to work and and Eastern Pennsylvania. 5 o'clock start at 78 Mercury cram market State. Police pulled me over. Am I friend or asking questions? Ince I'm going to work this week. Your car was swerving. I got out. It's 19 half feet long register. Inspected, here's my insurance.We're on our way to work.They tortured a s*** out of me.I wouldn't give any explanations.They finally get up and let me on my way

[christopherfuqua]

What if you've already been charged with a DUI?

[SeanMahoneyfitnessandart]

Beating a BS DUI where you are genuinely NOT intoxicated or blow under but they take you anyway, is one thing. Obviously that's a good thing. But, frankly, as a former delivery driver who worked the closing shift and was often on the road at 1-2am or even later - When it's late, pitch dark, cold and pouring rain, I really don't want a bunch of drunk people out there driving around me when I'm just trying work and pay the bills. Driving drunk is not cool and there's just no reason to ever do it, especially given that most bars will call and pay for an UBER to get you home safe.... without you crashing into me or my coworkers. 4 of my former coworkers at Domino's were riding in a car together on a night off... a drunk driver blew through a stop sign, hit them at high speed and killed 3 out if the 4. Do you really want to help people feel confident that it doesn't matter if the drive drunk and get a DUI because they can hire a law firm to beat the case knowing that this is the reality of the very real consequences?? People who habitually drive drunk DO need help, they do NOT need help beating a DUI charge... a charge that would have forced them to get the help they need and potentially turn their life around. Think about that.. theres nothing cool or positive about helping people drive drunk and recklessly endanger the lives of everyone else on the road.

[yellowhammersuwake]

What if no breathalyzer test or blood I got two

[stanleywheeler]

Here's another false positive on a breath analyzer test and it happened to me. MY friend and I were eating Chinese food and we always put alot of soy sauce on our CHINESE food. Well I'm on probation so my probation officer and his partner stopped over and we were talking then my P.O. gave me a breathalyzer test which I happily agreed to do it well here it showed up positive I swore that I didn't have one drop of alcohol then my friend told them that it's showing up positive because of the SOY SAUCE that we're eating that's on our CHINESE food she doesn't drink but she offered to do a test too to prove this to them so they did a test on her and it showed up positive too the 2 probation officers were shocked and they believed us when she told them that Soy sauce is made like how alcohol is it's fermented and then they understood why that showed up positive she told them that it's like when you eat a EVERYTHING Bagel that has poppy seeds in it and it'll show up on a test that you just ate opiods. They were both convinced