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Miami DUI Breath Test Defense Attorney
Challenging Breath Test Results in Fort Lauderdale
DUI is a serious offense. Once a driver is suspected of DUI, the arresting officer will usually administer a breath test by using a device called the Intoxilyzer 8000 to determine the driver's BAC (blood alcohol concentration).
Though it may sound foolproof, the Intoxilyzer 8000 has inherent flaws that can produce faulty results. Being the victim of flawed test results and charged with a DUI offense could cost you thousands of dollars, your driver's license, and possibly your freedom.
A person who “fails” a breath test may assume they have no option other than to accept their fate of a DUI conviction. However, our experienced Miami DUI breath test defense attorney at The Hoffman Firm has experience reviewing the Intoxilyzer's data and would be an invaluable asset to anyone arrested for driving under the influence.
What Is Florida's Intoxilyzer 8000?
Throughout 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.
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.
What If I Refuse a Breath Test?
Florida law requires drivers 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 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 who refuses a breath test and is suspected of committing DUI involving serious bodily injury or the death of another person could legally have their blood withdrawn by force if necessary due to the person's refusal to cooperate with testing.
Why Aren't 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 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 the 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
Independent Breath Test after a DUI Arrest
A person who has been arrested for DUI and submitted a breath sample to be analyzed by the Intoxilyzer 8000 has the 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 may acquire the services of a trained professional to perform an independent test at his or her 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.
Call The Hoffman Firm
If you have been arrested for driving while intoxicated, you were likely forced to use the faulty Intoxilyzer 8000. This is why you need anexperienced Miami DUI breath test 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. He has successfully represented clients faced with all kinds of drunk driving offenses.
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Decades of ExperienceAttorney Evan Hoffman has over two decades of experience fighting for the accused.
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Florida Former State ProsecutorAttorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.
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