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THE BREATH TEST: THE RISE OF THE MACHINES 
Experienced DUI attorneys know that breath tests are usually in error. The machines reliability is, at best, unknown. They are backed by the government and the companies that make money producing them. No independent proof of their accuracy or reliability has ever been scientifically established. Breath test results are not fool-proof and are not necessarily solid evidence of guilt in a criminal trial. There are many factors and variables that go into the accuracy of these machines. The following is a list of some questions that can affect both the accuracy and the admissibility of the breath alcohol results as evidence.
• Did the officer observe you for 20 minutes prior to taking the breath test?
• Did the officer tell you to “keep blowing” during the breath test?
• Did the police officer have his/her radio on during the breath test?
• Was the machine properly calibrated?
• How long after the traffic stop took place did you submit to the test?

IS A BREATH SAMPLE REQUIRED BY LAW?
Yes and No. While Florida implied consent law allows the DMV to issue a longer driver's license suspension if you refuse to blow you cannot be forced to submit to such a breath test.

IS REFUSING TO GIVE A BREATH SAMPLE A CRIMINAL OFFENSE? 
Yes and No. Recently, the State of Florida has passed laws criminalizing a 2nd or subsequent refusal to submit to a breath test. This applies to those who have refused to submit to a breath test on more then one occasion.

HOW DOES THE STATE PROVE A DUI IF YOU REFUSE THE BREATH TEST?
Consciouness of Guilt. The Government's only argument to a jury boils down to consciouness of guilt. They claim that those who refuse to give a breath test only do so because the know they are guilty. Obviously, the Bill of Rights never got in the way of the Government. Juries typically do not convict on this argument alone. For these types of arguments to hold weight with a jury they must be supported by real evidence.

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