Once a person is suspected of DUI (driving under the influence), the police officer will request that the person take a breath test. The breath test is considered voluntary and in many instances you may want to not provide a sample, especially if you don’t trust the machine. The downside to refusing the test, is that if you are convicted of DUI, you may be subject to harsher legal and drivers license consequences. Refusal to take the breath test will also result in an automatic drivers license suspension for up to 18 months. However, any license suspension can be challenged within the first 10 days following your arrest.
When the police administer the breath test, they will use a device called the Intoxilyzer 8000. The Intoxilyzer 8000 is used in many states, including Florida. The Intoxilyzer is used to measure the concentration of alcohol deep within the lungs. It is believed that the concentration of alcohol within the lung air directly corresponds with the persons blood alcohol concentration (BAC). It is important to remember that the Intoxilyzer 8000s results are a rough estimate, which means the persons actual BAC may be different.
Inaccurate Test Results with Intoxilyzer 8000
There are many reasons why the Intoxilyzer 8000 may have inaccurate results when reporting a persons blood alcohol concentration. Common reasons include:
- Operation by an unlicensed person
- Operation by an unqualified person
- Radio frequency interference
- Mouth alcohol contamination
- Malfunctioning machinery
- Internal body temperature inaccuracy
Florida State Law and the Intoxilyzer 8000
In Florida, if a person takes the breath test and blows a 0.08% or higher, there is a presumption of impairment under Florida law. Because breath test results can be inaccurate, it is always to your benefit to speak with a qualified DUI attorney. A DUI attorney can review your breath test results, speak with law enforcement, investigate the conditions of your breath test, and question the person who administered your breath test.
Aggressive Florida DUI Attorneys
If you have been charged with DUI, one of the best things you can do is seek the counsel of a qualified DUI attorney. At the Law Offices of Finebloom & Haenel, P.A., we have represented numerous clients charged with DUI in Florida. Our skilled attorneys will get involved from the very beginning to ensure that your rights are not violated. We will guide you through the legal process, represent you in and out of court, and do everything possible to make this complicated time much easier for you.