After police officers initiate a Florida DUI investigation, they’ll administer a breath test using a device called an Intoxilyzer 8000. The results of this test can and will be used against you in a court of law. However, it’s not uncommon for the accuracy of these tests to be skewed, and there may be ways of challenging the results.
With an expert DUI attorney by your side, you may be able to argue against and perhaps completely exclude the results of your breath test, thus leaving the prosecutor without a critical piece of evidence to prove your DUI charge. There are several defenses against the inclusion of Intoxilyzer 8000 breath tests in an Orlando court of law, which include claiming operational issues, questioning the legality of the test administration, and arguing that the breath test may not have accurately represented your true BAC. If you’re seeking an attorney who can help fight for your rights, you’ve come to the right place.
The Intoxilyzer 8000 is an instrument manufactured by CMI, Inc. that law enforcement uses to estimate the blood alcohol concentration (BAC) of suspected DUI drivers. The device requires the user to blow into a tube connected to the machine. After your breath is exposed to infrared light in a sealed chamber within the machine, an emitter will shine a specific amount of infrared light through your breath to reach a sensor on the opposite end. If alcohol is present in your breath, a certain percentage of the light won’t reach the sensor as alcohol molecules absorb a known amount of infrared light.
The machine must be operated properly in order to be admissible as evidence in a DUI case. For example, officers must wait for at least 20 minutes prior to performing the breath test to ensure that you don’t smoke, eat, or drink, all of which could affect the result of the test. Likewise, the operator must ensure that all parts of the machine are in correct working order before each use. Additionally, the test must be administered twice to ensure complete accuracy.
While this test is typically administered at the police station, the Intoxilyzer 8000 is capable of being operated immediately at the scene of a DUI stop.
There are a number of reasons why the results of an Intoxilyzer 8000 breath test may be invalid, incorrect, or subject to being thrown out of court. These include:
The machine assumes that for every molecule of alcohol in your breath, there are 2,100 particles in your bloodstream, a ratio centered on an assumption of the population as a whole. Much of the controversy surrounding this particular machine involves this 2,100:1 aspect ratio, as numbers can be skewed based on a person’s size, their absorption or dissipation ratio, and how much they’ve eaten that day.
Residual alcohol in the mouth—often referred to as mouth alcohol—can skew the results of a breath test administered by an Intoxilyzer 8000. The Intoxilyzer has a “slope detector” or “mouth alcohol detector” that’s intended to pick up on mouth alcohol and abort the testing sequence. However, the slope detector doesn’t always provide an accurate result, as residual alcohol or other substances can skew the data.
An accurate Intoxilyzer 8000 breath test result is contingent on the officer properly utilizing and maintaining the device. The human element of the test opens the door for a number of operational errors, many of which could be used as defenses in your DUI case. Your attorney may argue the following:
An expert DUI attorney who understands the ins and outs of Intoxilyzer 8000 defense law in Florida will be instrumental if you hope to dismiss the results of your test.
If you’ve been arrested for driving under the influence and need help challenging the results of your Intoxilyzer 8000 breath test, the experienced attorneys at The Umansky Law Firm can help. For over 20 years, we’ve helped Central Florida residents fight DUI charges. As former prosecutors and public defenders on the state and local level, our Orlando DUI attorneys have a unique insight into the type of strategy that will be used against you. This knowledge, combined with our aggressive representation and caring attitude, will provide you with a winning formula.
The experienced DUI lawyers at The Umansky Law Firm are dedicated to making this process as easy as possible. With over 100 years of combined legal experience, our team has the time and expertise to help fight for your rights. Give us a call or complete our online contact form to receive a free consultation.
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