DUI Breath Tests
Fort Walton Beach, Crestview, Niceville, Destin, Navarre, Okaloosa and Santa Rosa County, Florida DUI Defense Attorney.
While each police department is different, the Intoxilyzer 8000 is used throughout the state of Florida as a DUI breath test. 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.
As a Fort Walton Beach DUI defense lawyer, I understand the forensic and scientific issues involved in breathalyzer accuracy. I have the knowledge and experience needed to challenge drunk driving charges when clear evidence exists indicating breathalyzer results should be questioned or dismissed.
If you are facing DUI charges in Fort Walton Beach, Crestview, Niceville, Destin, or Navarre, Florida, call me right away to schedule a free consultation to discuss your case.
Why Borderline Breathalyzer Results Should Be Challenged
A number of procedural issues exist in regards to measuring BAL with a breathalyzer. The officer who administers the breathalyzer test must have reasonable suspicion in order to pull your car over in the first place. A quantifiable reason must exist to justify stopping you along the roadway. Secondly, in order to administer a field sobriety test, the officer 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 for the arrest of a suspect followed by the administration of a breath test.
When the breath test is given, a new mouthpiece 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 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 Fort Walton Beach DUI defense lawyer, I will review the maintenance records 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 you may be dropped for lack of sufficient evidence.
A High BAC Does Not Automatically Mean a 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 Fort Walton Beach DUI defense attorney, I can 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.
