DUI Breath Test
The State of Florida considers driving under the influence, commonly referred to as a "DUI", as a serious criminal offense. Once a driver is suspected of DUI, an immediate arrest is typically made and the arresting officer administers a breath test by using a device called the Intoxilyzer 8000 to determine the driver's BAC (blood alcohol concentration).
Though it may sound intimidating and foolproof, the Intoxilyzer 8000 possesses inherent flaws that brings its results into question. Being the victim of flawed test results and charged with a DUI offense is not just embarrassing, it could also cost the person thousands of dollars, their driver's license, and possibly their freedom.
A person that "fails" a breath test may assume they have no other options other than accepting their fate of being convicted of a DUI. However, an experienced Miami DUI attorney with experience reviewing the Intoxilyzer's data would be an invaluable asset to anyone arrested for driving under the influence.Miami Breath Test Defense Attorney
If you have been arrested for DUI in Miami-Dade County and subjected to a breath test, you need an experienced Miami criminal defense attorney to help you challenge the Intoxilyzer 8000's potentially flawed data.
Attorney Hoffman of The Hoffman Firm is a former prosecutor with extensive experience analyzing breathalyzer result and has successfully represented clients faced with allegations of DUI, DUI manslaughter, DUI causing serious bodily injury, DUI with property damage, and a myriad of other DUI charges.
With offices located in both Miami and North Miami, The Hoffman Firm has provided effective counsel to clients in Aventura, Doral, Homestead, Hialeah, and the remainder of Miami-Dade County, Florida.
Contact The Hoffman Firm today at (305) 249-0090 or submit an online contact form to schedule your free initial consultation so an experienced DUI criminal defense attorney can review your base and begin fighting for your freedom.Florida Breath Test Information Center:
- What is Florida's Intoxilyzer 8000?
- How does Florida's Intoxilyzer 8000 work?
- Are Miami-Dade Breath Tests Accurate
- What if I refuse a breath test?
- Florida breath test resources
What is Florida's Intoxilyzer 8000?
Throughout the entire state of Florida, the official device used by law enforcement to determine if a person was driving under the influence is the Intoxilyzer 8000. The Intoxilyzer 8000 is an infrared gas analyzer manufactured by CMI, Inc. and is sold exclusively to law enforcement.
How does Florida's Intoxilyzer 8000 work?
When a person provides a breath sample, the Intoxilyzer 8000 measures the amount of infrared light absorbed by the alcohol contained in breath sample provided. Since the concentration of alcohol released by the lungs is directly correlated to the amount of alcohol in the blood, an accurate measure of breath alcohol would indicate if a person's BAC is over the legal limit of 0.08 or above.
Why Aren't Miami-Dade Breath Tests Always Accurate?
One of the main issues with results produced by the Intoxilyzer 8000 is the fact it does not just detect ethyl alcohol (beer, wine, and spirits) as intended. Instead, the instrument also factors in methanol, or "wood alcohol", molecules found in items such as paint, adhesives, and household cleaning agents that we unintentionally but frequently inhale.
Other factors that could possibly contaminate a person's breath test results conducted with Florida's Intoxilyzer 8000 include but are not limited to:
- Operator Error,
- Calibration Errors,
- Extrapolation Errors,
- Temperature Variation,
- Detection of Mouth Alcohol,
- Subject Belched or Regurgitated Prior,
- Acid reflux Disease,
- Breath Volume Issues,
- RFI (Radio Frequency Interference),
- Body weight,
- Breathing Patterns, and
What if I Refuse a Breath Test?
Florida law requires drivers utilizing Florida roadways to take a breath, blood, or urine test if they are arrested for a DUI offense. This is known as "implied consent."
According to Florida's "implied consent" law, a law enforcement officer must have sufficient probable cause to believe a person's normal faculties are impaired while they are driving or in physical control of a motor vehicle before a breath sample can be lawfully extracted.
Refusing to perform a breath test could result in the person having their driver's license immediately suspended. Furthermore, their refusal could be used against them in their DUI criminal proceeding.
A person that refuses a breath test and is suspected of being involved in a DUI involving serious bodily injury or death of another person could legally have their blood withdrawn by force if necessary due to the person's refusal to cooperate with testing.
- First Breath Test Refusal
- License Automatically Suspended for a One (1) year period
- Second Test Refusal
- License Automatically Suspended for an Eighteen (18) Month Period, and
- Charged with an Additional Criminal Offense, First Degree Misdemeanor
A person that has been arrested for a DUI and submitted a breath sample to be analyzed by Florida's Intoxilyzer 8000 has the legal right to have an independent breath test performed at their expense.
Florida Statute 216.1932(1)(f)(3) states that a person who has submitted to a chemical test of his or her breath, urine, or blood may acquire the services of a trained professional to perform an independent breath, urine, or blood test at his or her own expense.
The results of an independent breath test could be beneficial if the results yielded by an independent breath test are inconsistent with the results produced by law enforcement using an Intoxilyzer 8000.
Florida Breath Test Resources
FMCSA Guidelines for Alcohol Testing – Visit this website for more information concerning the Federal Motor Carrier Safety Administration's regulatory guidelines for alcohol testing in intoxicated driving cases including, regularly testing the equipment, methods used when testing a breath sample, and training for persons administering a breathalyzer examination.
The Florida Senate: Florida Statute 316.193 – Visit this website for more information regarding Florida's driving under the influence (DUI) laws and the penalties that could result from being arrested and charged with a DUI offense for allegedly driving under the influence of alcohol or a controlled substance within the state of Florida.
If you have been arrested for allegedly driving while intoxicated on Miami-Dade County roadways, you were likely forced to use the faulty Intoxilyzer 8000. This is why you need an experienced Miami criminal defense attorney to help you dispute the potentially flawed data.
Attorney Hoffman of The Hoffman Firm is a former prosecutor with extensive experience analyzing the data produced by the Intoxilyzer 8000, and by doing so, has successfully represented clients faced with allegations of DUI, DUI manslaughter, DUI causing serious bodily injury, DUI with property damage, and myriad of other drunk driving offenses.
With offices located in both Miami and North Miami, The Hoffman Firm has provided superb legal assistance to clients in Coral Gables, Miami Beach, Miami Gardens, Cutler Bay, and the remainder of Miami-Dade County, Florida.
Contact The Hoffman Firm today at (305) 249-0090 or submit an online contact form to schedule your free initial consultation so an experienced DUI criminal defense attorney can review your base and begin fighting for your freedom.