To Blow or Not to Blow

As an experienced Tampa dui lawyer, board certified attorney Ben Stechschulte recommends not submitting to a breath test.

Even if you believe you are not drunk or impaired, your breath alcohol level still could measure at or above the .08 legal limit when you take the breath test.  The problem with the breath machine is that it is prone to break downs and false positives.  For example, if there is a radio near the breath machine it could give a false positive due to the radio frequency.

Beyond the breath machine having technical issues, individuals process alcohol in different ways.  For instance, women who are slight in figure often times do well on the field sobriety tests but when they submit to the breath test they blow above the legal limit.  Whereas a a larger figured male may not do as well on the field sobriety tests but they blow below the legal limit because they process alcohol differently then women.

According to Tampa DUI attorney Ben Stechschulte, by refusing to submit to a breath test you are eliminating the chance of a false positive breath test.  By elminating this chance, individuals charged with a Tampa dui give themselves a better chance of either having their charge reduced to reckless driving or winning their case at a jury trial.

If you would like to discuss your most recent DUI arrest with Tampa DUI lawyer Ben Stechschulte, he can be reached at 813 280 1244 or

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