According to reports, the Funkadactyls member offered one of the arresting officers $10,000 not to her arrest her so that she wouldn’t lose her job.
She was taken into custody after apparently agreeing to a breathalyzer test and registering a .20.
The woman had a male passenger in the car with her who allegedly told police the two had been drinking martinis.
She was booked for DUI and later released.
The results of a breathalyzer test generally determine whether or not a driver will face criminal charges for driving under the influence. Following an arrest for suspicion of DUI, the breath test is law enforcements primary means of establishing a motorist’s blood alcohol concentration. The breathalyzer test is one of the most commonly used chemical tests for DUI suspects. The suspect simply blows into a tube connected to the device that measures the level of alcohol in the breath. The machine then uses a mathematical formula to ascertain the blood alcohol level based upon the breath alcohol level. If the results register at .08 grams of alcohol per 210 liters of breath, you could be arrested and charged with DUI. If you refuse a breath test in the state of Florida, your driver’s license can be suspended for up to one year or up to 18 months if you had a previous suspension.
While you may feel your case is hopeless if you failed a breath test, there are ways to challenge the validity of this test. There are numerous factors that can lead to a failed breath test, such as:
• The breath test was not properly maintained or calibrated in accordance with
state regulations. Florida requires that the breath test machine be inspected monthly, and if the machine failed inspection or if the scheduled inspection was missed, the results of your breath test can be inadmissible at court.
• The test was not administered properly. The arresting officer must observe you for 20 minutes before administering the test. This is because eating, drinking, vomiting and even burping can affect the test results. If the officer did not observe you for the full 20 minutes, the results of the test may be suppressed.
• The officer that administered the test did not have the proper permit. If the breath test operator did not have a valid permit to administer the test, or had an expired permit, this could lead to your charges being dismissed.
If you were arrested for DUI and are thinking about challenging your breath test results, the Florida DUI Defense Attorneys at Whittel & Melton can help you explore possible defenses. We can provide you with the aggressive representation you deserve, so do not delay. Contact us online or call our Tampa office at 813-221-3200. You can reach us statewide and toll-free by dialing 1-866-608-5LAW (5529).