How long once I am pulled over do they have the right to give me a breath test. I was pulled over at 10pm tested at 12:30am.

from the information you have provided, it appears the officers conducted a very poor investigation. Requiring you to perform field tests after you were attacked by a K-9 dog will not play very well with a jury if your case ever proceeds to trial. Regarding the breath test, there is no specific period of time within which a test must be administered other than the usual 20 minute observation period employed prior to the test to rule out residual alcohol in the mouth causing an inaccurate reading. That being said, the longer the time between the stop and the breath test, the greater the variables which would affect the state's ability to prove that your BAC was over .08 at the time of the stop. Also, the wide difference between the first 2 and the 3rd result brings the machine's accuracy into question.. I dont know if the 10 days within which to request an administrative hearing has expired, but I strongly suggest you retain an experienced DUI lawyer to address the many issues presented in your case. The officer's statement that you passed the field tests but that he requested you submit to a breath test merely because you smelled of beer is troubling. I wish you good luck with your case, especially since you drive for a living.

there is no time limit within which they have to administer the breath test...there is case law that indicates they can administer the test as much as 4 hours after the stop. the issue is more about the 'weight' a jury would give that evidence rather than it's "admissibility" in court. as far as the dog jumping you, i would argue that was a violation of your fourth amendment and civil rights. a canine is an officer and officers aren't allowed to jump you.

I don't practice in FL, but there may be a presumption that the BAC at time of test is the same as BAC at time of driving like there is in California for the .08 or above count. You will probably need a lawyer and an expert to dispute this presumption. In my experience a blood test of .09 2 1/2 hours after you were pulled over is also ripe for a rising blood alcohol defense.

You should inquire with the lawyer you hire about this option.

Edward J. Blum

It appears that the Field Sobriety Exercises ocured after you were attacked by the K-9 this should help you in proving that any results of those exercises (tests) would be effected by this traumatic event, along with any injuries that you may have recieved.

I also noticed that the 3rd breath test was higher then the first two, this would help to show that at the time you were actually driving (about 2 + hours prior) that you may have been under the legal limit as your breath alcohol content was actually rising as the time increased.

I handle DUI cases in Miami and would be glad to speak further with you.

good luck,

There are usually three sides to every story. Your Side, Their Side, and what really happened.

It would be very interesting to read the police account of this incident and weave it into your account. I would want to hear from your friends, too. They could be witnesses for us. Were any of them arrested?

Like my other colleagues, I am troubled by several things in your recount of the incident: the K9, the roadside exercises and the breath test results. there seems to be some police misconduct here. What were you stopped for intially? Often, we have been successful at supressing all evidence in DUI cases based on an illegal stop.

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