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DUI » DUI Testing » Breath Test / Intoxilyzer

Breath Tests in Florida

Many DUI cases are won or lost based upon breath testing. Most of the time, license suspension proceedings and DUI charges will be based upon a failed breath test or blood test as the primary indication that the driver was “under the influence” of alcohol; that is, that the driver had a blood alcohol concentration of 0.08 percent or greater. For this reason, this is one of the most important issues to address in regard to challenging your charges.

About the Intoxilyzer 8000

In the state of Florida, the official instrument for administration of breath tests is known as the Intoxilyzer 8000. This is manufactured by CMI and is advertised as a "fully mobile evidential infrared spectrometry breath testing unit." Unfortunately, while this is deemed as Florida to have been tested and tried, this is not always the truth. In fact, this contains obsolete hardware – utilizing a microprocessor from the 70's.

Beyond that, it is so sensitive that if it is not calibrated on schedule, it can inaccurate – even if only off by a fifth of a degree. Seeing as the human body fluctuates up to three degrees, this can cause serious inaccuracies. For this reason, it is important to recognize that a breath test is not set in stone and with the help of an experienced attorney will be able to work with you to challenge the evidence.

Fighting Breath Test Evidence

There are various ways in which a lawyer may be able to fight breath test evidence. He or she may bring into question any of the following or similar issues:

  • The test was administered by an individual who was not trained in breath test administration;
  • The device was not properly maintained or regularly calibrated in accordance with state standards;
  • A physical condition unrelated to alcohol consumption led to a false high test result; or
  • The defendant vomited, belched, ate, drank or smoked within 15 minutes prior to the test.

A driver may assume that if he or she failed a breath test that the matter is hopeless. What most drivers do not know is that a competent attorney can successfully challenge breath test results. Depending on the manner in which your test was administered and other factors, our law firm may be able to prove in criminal court or at your hearing with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) that breath test evidence should not be used against you. Find out more about how you can challenge a breath test, call our firm today!

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