DUI Lawyer Miami
Breath Tests in Miami DUI Cases: Intoxilyzer 8000
The Intoxilyzer 8000 is the breath test machine approved by the Florida Department of Law Enforcement to be used by all law enforcement officers to test a driver's blood alcohol level. The machine must be operated by an officer certified to use it. It has a computer software that determines the "average" person's blood alcohol level. The legal limit in Florida (and every state in the US) is .08. For a driver under the age of 21 the legal limit is .02 and for a driver operating a commercial vehicle the legal limit is .04. The machine is supposed to test for this level but it has been shown time and time again that it is faulty, inaccurate and outdated. In fact the 8000 is not the latest model. CMI, Inc., which manufactures the machine, has a new model out since 2013: Intoxilyzer 9000! The 9000 is not in use in Florida and we are essentially used an outdated model.
LIMITATIONS IN BREATH TESTING
The breath test has limitations and is not 100% accurate or fool proof. In order to have an accurate breath test we must have a certified breath test operator and the testing must be done in an ideal environment and the machine must be property maintained and calibrated. As an experienced DUI lawyer in Miami, I understand the limitations behind this machine and how to effectively attack it. Every case that involves a breath test is analyzed to determine if the actual machine used was up to date on the day you took your breath test. Is the inspection current? Is the machine in an ideal location for testing? Is the operator of the machine certified with a valid permit? Were proper protocols followed such as observing you for 20 minutes prior to testing? A good DUI lawyer in Miami does not just rely on the reading but will instead challenge the reading and reduce or eliminate its impact against you.
BREATH TEST REFUSAL
If you refuse to take the breath test the first consequence is that your license will be suspended for 12 months if this is your first or 18 months for a second or subsequent refusal. The other issue is that if this is your second or subsequent refusal you will be facing an additional misdemeanor charge of refusing to submit to testing. Lastly, refusal to take the breath test will be used against you in court. Aside from these consequences, you must keep in mind that any breath test of .08 or more will be used as additional evidence against you to prove the charge of DUI. However, there are defenses and strategies involved in attacking the breath test results. Only a truly experienced and dedicated DUI lawyer in Miami can understand all of the limitations of the machine, the defenses available and strategies to attacking the test and the results.
If you are facing a DUI in Miami please contact me directly so that I may answer any questions you have and provide you with a free case evaluation. My practice focuses on DUI defense in Miami. Let’s talk about your case and what defenses it might have.