Intoxilyzer 8000 Defense Lawyer in Pinellas County, Florida
Contact the Morris Law Firm after an arrest for DUI in St. Petersburg or Clearwater, Pinellas County, or Tampa, Hillsborough County, Florida if you took an alcohol breath test (also referred to as a breathalyzer test) using the Intoxilyzer 8000 Breath Test Device (which is commonly used throughout Pinellas and Hillsborough County, Florida) as there are facts you should know about alcohol breath tests and specifically the Intoxilyzer 8000 that may affect your DUI case.
Many people arrested for DUIs take a breath test at the site of the arrest or at the law enforcement office. The fact you took a breath test and the results of your breath test can and will be used against you in a court of law. A potential defense strategy is to exclude the fact you took a breath test and the results of your breath test, thus leaving the prosecutor without a critical piece of evidence to prove a DUI charge.
The above may be accomplished by highlighting the problems with breath tests, and especially those where the CMI Intoxilyzer 8000 was utilized. These problems can be broadly categorized as Operational Issues and Legality Issues:
Problems with Florida’s Intoxilyzer Breath Test Device May Affect Your DUI
As a piece of technology used to measure breath alcohol levels, a breathalyzer is far from infallible and relies on a human element that is open to the opportunity for errors. Operational issues that may be used as defenses in your DUI case include:
A breath test may not accurately represent your true Blood Alcohol Content (BAC)
Your mouth alcohol may be measured higher than your true breath alcohol level
Amount of time between your arrest and breath test
The breath test device may be improperly maintained
Legality Issues with the Intoxilyzer 8000:
If your breath test was conducted using the Intoxilyzer 8000 there exists the possibility that your breath test results may be excluded as evidence from your DUI case.
First, according to Florida law, all devices utilized for alcohol breath tests must be evaluated by the Florida Department of Law Enforcement (FDLE), through their alcohol testing program. Further, the FDLE can only evaluate equipment on the Department of Transportation’s (DOT) Conforming Products List (CPL). The Department of Transportation does in fact list the CMI Intoxilyzer 8000, however it specifically states, “Which analyzes breath samples using the 3.4- and 9-micron bandwidth.” The issue is that the CMI Intoxilyzer 8000 utilized in Florida does not analyze breath samples using the 3.4- and 9-micron bandwidth, it in fact does not utilize the specified bandwidths. Thus, there is a serious question whether or not the CMI Intoxilyzer 8000 is an approved breath test device in Florida.
Second, there is a potential programmatic problem with the CMI Intoxilyzer 8000. Much like a computer, the CMI Intoxilyzer 8000 relies on firmware (software) that regulates its operation. To date, the state of Florida has ruled that the defense is not entitled to the source code (firmware and/or software code) for the CMI Intoxilyzer 8000. This was because the defense in prior cases had not shown that the source code was material to the cases presented. Attorneys have since shown potential anomalies with the CMI Intoxilyzer 8000 results. If the state does not release the source code so it can be examined, and cannot provide an expert to show that the device is, “accurate and reliable scientifically,” there exists the potential that breath test results from the CMI Intoxilyzer 8000 may be inadmissible.
Time is of the essence.
You have a very narrow window of time between when you are arrested and when the State Attorney’s office makes a decision to file a criminal charge against you. Hiring an attorney immediately to negotiate on your behalf gives you the best chance of avoiding criminal charges.
DUI Information Center
Morris Law Firm, P.A. | DUI Breathalyzer Attorney
If you have been arrested for DUI and took a breath test in St. Petersburg or Clearwater, Pinellas County or Tampa, Hillsborough County, Florida, contact the Morris Law Firm, P.A., St. Petersburg DUI attorney. We are also able to answer your questions about other drunk driving tests (urine tests, blood tests, refusal) in St. Petersburg and Clearwater, Pinellas County, Florida and areas in Manatee, Pasco, Sarasota, and Hillsborough Counties. Provide the Morris Law Firm, P.A. with your DUI case details in our online form, or call us today at (727) 388-4736.
FORMER STATE PROSECUTOR
Melinda Morris is a former prosecutor and has handled thousands of criminal cases from investigation through sentencing enabling us to identify weaknesses in the State’s case against you.
We never settle for the easiest outcome or the typical result. We know how to negotiate with the State Attorney and we will work to get you the best possible outcome.
TRUSTED & EXPERIENCED
Melinda Morris has practiced criminal law for over 20 years. Our clients trust advice that comes from experience in nearly every type of criminal case.
We will know every client’s story because we will take the time to listen and understand. You will work with your attorney one-on-one at every stage of the process.
You will have the cell phone number of your attorney. Your attorney will directly return your call, email, or text to answer your pressing questions.
SAME DAY REPRESENTATION
The government is wasting no time in trying to prove your guilt, a proactive defense is imperative. Prompt and decisive action from your defense attorney is of critical importance.