When you are arrested for a DUI and submit to a breath test, thoughts of hiring an experienced DUI lawyer are among the first to cross your mind, along with how in the world that lawyer can keep your breath test results from being used as evidence against you. There are several ways a Florida DUI lawyer can suppress the breathalyzer results from being admissible. One of the key methods is to challenge the calibration of the machine you tested on, which would be one of hundreds of Intoxilyzer 8000 machines throughout the state.
The Intoxilyzer 8000 is the State’s approved breath test for evidentiary use. That means that the results from this test are generally allowed in court to be used as evidence that a defendant was under the influence of alcohol at the time of arrest. If you test at 0.08% or higher, per se DUI laws establish the presumption that you were impaired. According to these laws, it is presumed that any driver caught with a 0.08% BAC is automatically impaired and deemed unfit to be operating a motor vehicle.
How do attorneys investigate the test?
Due to implied consent laws, Florida drivers are pressured into taking breath tests without an attorney present or face license suspension. In addition, law enforcement officers have a duty to comply with all regulations surrounding all breath test equipment, as well as the administration of the tests. The I-8000 must be regularly maintained and calibrated. It must be inspected and certified regularly upon the assurance that it is in proper working order. Test administration procedures also follow strict rules, including the mandatory 20-minute observation period.
Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel has over 20 years of experience working on DUI cases in Palm Beach County. He has studied and investigated every aspect of the laws surrounding all the regulations and procedures. As a dedicated attorney, Brian Gabriel investigates everything that occurred during your breath test and uncovers all the details about the particular machine used. This occurs during the discovery period of your defense. Should anything faulty be discovered, this office works diligently to keep your breath test results outside of court.
What do attorneys look for in the Intoxilyzer 8000?
Your DUI attorney must investigate the following key aspects surrounding the Intoxilyzer 8000 machine used upon your arrest. These are just a few of the burdens the State Prosecutor must answer to in order to show the accuracy of the test results.
- Was the machine used registered correctly and approved by FDLE? In order for your test to be admissible as evidence, the machine you tested on must have been registered and approved by the Florida Department of Law Enforcement. The State Prosecutor must provide evidence of valid FDLE Registration.
- Can the Prosecution show documentation to prove that the machine was calibrated in the month your test was taken? According to the Florida Administrative Code for the Intoxilyzer, all breath testing equipment must be inspected by a certified inspector at least once a month.
- Can the Prosecution provide documentation to prove that the machine had a yearly calibration check? By law, each evidential breath testing machine must be inspected by a Regional Alcohol Breath Testing Inspector who works for FDLE at least once a year.
Criminal defense attorneys who defend drunk driving charges have recently been granted further permissions to investigate the Intoxilyzer more thoroughly for your case. After a strong fight, defense attorneys may now access the software that the machines rely on to operate. This is just one more tool we can use to defend your DUI.
If you are facing charges for DUI in Palm Beach or Martin County, Attorney Brian Gabriel is passionate about helping defendants navigate the criminal justice system. Working with Mr. Gabriel ensures your rights are protected at every turn, and you will also be educated thoroughly about the legal process. Call 561-622-5575 for a free legal consultation today.