How can a person challenge the results of a sobriety test?

In Florida, a person can challenge the results of a sobriety test by filing a motion to suppress the results. This motion must be based on facts which demonstrate that the sobriety test was not conducted according to Florida law or that the results were not reliable. One way to challenge the sobriety test is to demonstrate that the arresting officer did not follow the proper protocol when conducting the test. This includes showing that the officer did not properly inform the suspect of their rights, administer the test right, or follow the directions provided on the test. In addition, if the equipment used to conduct the test was not properly calibrated or there were issues with the breathalyzer or any other equipment used, this could be raised as an issue. Another way to challenge the sobriety test is to raise doubts as to the accuracy of the results. This includes showing that the suspect had consumed food or beverages before the test was administered, that they were suffering from medical conditions that could affect the results, or that the equipment used to conduct the test was not properly maintained or calibrated. Finally, it may be possible to challenge a sobriety test by demonstrating that the officer who conducted the test was not qualified to do so. This includes showing that the officer was not properly trained, did not have the necessary experience, or was not certified to administer the test. In sum, a person in Florida can challenge the results of a sobriety test by filing a motion to suppress the results. This motion must be based on facts which demonstrate that the sobriety test was not conducted according to Florida law or that the results were not reliable.

How can a person challenge the results of a sobriety test?

Related FAQs

Related Blog Posts