Fort Lauderdale Unlicensed Breath Technician Unlicensed Attorneys
If you have been pulled over for a suspected DUI, you were likely asked to submit to a breath test. Breath tests are mandatory under Florida law and if you do not submit to one, you will likely have your driver’s license automatically suspended, even if you were not intoxicated at the time. Fortunately, the results of these tests can be challenged, and one of those challenges may include showing the technician was not properly certified. After being charged with drunk driving, our Fort Lauderdale unlicensed breath technician attorney can help you get the results thrown out.
When is a Breath Technician Unlicensed?
There are many different companies that provide training programs for breath technicians. The Department of Transportation refers to this training as “qualification” rather than “certified” or “licensed,” but all terms are often used interchangeably by those working in law enforcement and the justice system.
Breath test training is divided into two separate components, which are as follows:
- Training on the procedure: This type of training involves breath alcohol technicians (BATs) learning every aspect of administering these tests, as there are many. All of these elements are necessary to ensure the BAT complies with all aspects of administration, and so they can become familiar with handling all types of alcohol testing situations.
- Device proficiency training: This element of training is hands-on and requires the BAT to actually use the device, in the presence of a qualified instructor on a specific device.
Technicians must complete both components of the training in a period of 30 days or less. Those in training must also complete a training program that complies with the Department of Transportation (DOT) Model Course requirements, such as the Certified Training Solutions’ breath alcohol technician training course.
What to Do when a Breath Technician Unlicensed?
Unlicensed breath technicians simply cannot administer the breathalyzer test accurately, which is why the law requires them to be licensed. Often, police officers who are not licensed and have not undergone the appropriate training will still administer a breath test because they believe it is the only way to make an arrest and build a case.
In these instances, a Fort Lauderdale DUI attorney will get the results of the test thrown out. A attorney will first determine whether the officer that administered the test was properly licensed and if not, will file a motion to suppress the results of the test. When the officer and prosecution did not have any other evidence, as is often the case, it may result in your charges being dropped entirely.
Call Our Fort Lauderdale Unlicensed Breath Technician Attorney in Fort Lauderdale Today
It is difficult for drivers to know if their breath technician was properly trained to administer the test, but our Fort Lauderdale breath technician unlicensed attorney at Meldon Law will prove it to get the results thrown out. Call us today at 800-373-8000 or fill out our online form to schedule a free consultation and to learn more about how we can help.