Florida DUI Defense Attorneys Challenge Breath Testing

Two criminal defense lawyers will have the opportunity to present an argument challenging breath testing equipment used in cases of suspected driving under the influence in Florida. If they are successful, the court ruling could influence many FL DUI cases, and lead to reduction or dismissal of charges.

The attorneys’ motion claims that the Intoxilyzer 8000, used to test blood alcohol content during Florida DUI arrests, contains different parts than those approved by the state. Further, the machine has parts that do not match the Conforming Products List of Evidential Breath Measurement Devices issued by the US Department of Transportation in 2004. Florida statute says that every motorist issued a driver’s license gives consent to submit an ‘approved’ chemical test. If the Intoxilyzer is using unapproved components, the resulting evidence may be inadmissible in court.

The pending hearing continues the legal challenges mounting against the Intoxilyzer 8000. Florida DUI defense lawyers have repeatedly argued that the manufacturer of the equipment has changed the software used to establish a driver’s BAC without state’s approval and that the method of computing the result cannot be independently verified for accuracy. The issue of due process has led several counties to dismiss breath test results in cases of drunk driving in Florida. Prosecutors are then required to prove intoxication with other evidence, such as officer testimony, field sobriety test results and video.

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