Ft. Walton Beach, Florida DUI Breath Test Lawyer
While each police department is different, the Intoxilyzer 8000 is used throughout the state of Florida. The Intoxilyzer 8000 measures blood alcohol content in the breath in parts per million. Operating under a theory known as Henry's Law, the Intoxilyzer 8000 assumes a blood to alcohol ratio of 2,100 parts of breath to 1 part blood. Researchers and forensic specialists have conducted tests on the accuracy of the Intoxilyzer 8000 and found that it is far from infallible.
In fact, there are a number of conditions and factors that if present, can result in a false positive. Additionally, researchers have questioned the way in which the Intoxilyzer 8000 utilizes Henry's Law in measuring blood alcohol level (BAL Needless to say, just because a breathalyzer indicates you're intoxicated doesn't mean that you are.
At the Flaherty Defense Firm, I understand the forensic and scientific issues involved in breathalyzer accuracy. I have the knowledge and experience needed to challenge DUI charges when clear evidence exists indicating breathalyzer results should be questioned or dismissed. To schedule a free consultation to discuss your case, contact DUI breath test attorney Tim Flaherty today.
Why Borderline Breathalyzer Results should be Challenged
There are a number of procedural issues involved in measuring BAL with a breathalyzer. The officer who administers the breathalyzer test must first have reasonable suspicion to pull your car over in the first place. Here, there must be some quantifiable reason to justify stopping you along the roadway. Secondly, in order to administer a field sobriety test, he must have a reason to believe you may be intoxicated. If an officer decides to administer a sobriety test, it must be given according to specific requirements. The field sobriety test is used to provide probable cause to arrest a suspect and administer a breath test.
When the breath test is given, a new mouth piece must be used between samples. Additionally, an officer should try to determine if a suspect used mouthwash or took prescription medication that could result in a false positive. Any departure from correct procedures could artificially inflate the results and cause a false-positive. For these reasons, it's important to challenge borderline results since officers don't always follow standard procedures out in the field when giving a breath test.
Maintaining a Breathalyzer - Was the Machine Correctly Calibrated?
Like any machine, a breathalyzer must be maintained in order to correctly function. In the state of Florida, the calibration of a breathalyzer should be confirmed each month. As your attorney, I review the maintenance record of the breathalyzer used in your arrest. If maintenance schedules were missed or if the device has any history of registering false positives, there may be grounds to have the evidence against you dismissed. If there is reason to believe the machine was not calibrated correctly, the charges against may be dropped for lack of sufficient evidence.
A Positive Reading does not mean an Automatic Conviction
There are a number of factors to consider in DUI cases. Did the officer have reasonable suspicion to pull your car over? Did he administer the field sobriety test correctly? Was the breathalyzer used properly maintained and in good working order? As your attorney, I expose mistakes on the part of officers and question the reliability of breathalyzer results when evidence exists indicating the device was not checked and tested to ensure the accuracy of its results.
To schedule a free consultation to discuss your case, contact drunk driving defense attorney Tim Flaherty today.
