Getting charged with DUI in Florida can be a very scary event, particularly if you’ve never had any dealings with law enforcement. Still, it is important to remain calm and keep your legal rights in mind as you proceed through the process.

Contrary to what many people think, being charged with DUI is not an automatic guilty sentence. In fact, law enforcement officers sometimes make mistakes that can ultimately be in your favor -- especially when it comes to the administration of a breath test. You have probably already heard from countless sources that, scientifically speaking, breath tests are not the most reliable in terms of providing accurate blood alcohol content levels. That unreliability has led to many charges being dropped and, depending on the circumstances in your case, you may be able to obtain a favorable outcome as well.

The Intoxilyzer 8000

In Florida, one of the most common breath testing instruments that is used by law enforcement officers throughout the state is the Intoxilyzer 8000. In simple terms (and without getting too technical), the instrument measures the concentration of alcohol that is released from an individual’s lungs in order to make a determination as to whether he or she is over the legal limit. The device takes an analysis of the individual’s breath on the basis of “infrared absorption.” Inside the instrument, there is a light that releases an infrared beam that shines through the person’s sample.

However, a primary issue with the Intoxilyzer 8000 is that it does not specifically account for ethyl alcohol. That said, anything within the methyl compound family can absorb that infrared light the same way ethyl alcohol does. Methyl can end up in someone’s breath for a whole host of reasons, including inhaling gas, glue, household chemicals and/or paint fumes.

Potential Defenses  

Given the unreliable nature of breath tests, you may be wondering about possible defenses in your case. Challenging breath tests results can be difficult, but it is certainly not impossible. Still, seeking proper legal guidance prior to making a court appearance can go a long way in helping to ensure you preserve your legal rights and options.

There are a variety of defenses that may be available to you when challenging the validity or admissibility of the breath tests results in your case. For example, there are often issues with regard to the device itself and/or the person handling the testing process. Was the Intoxilyzer properly inspected as required under Florida law and was it operated in compliance with the statute? Was the person operating and administering the breath test legally qualified and trained to do so? If the answer to any of those questions is no, your case may end up being dismissed altogether.

Other issues to consider when attempting to mount a defense include:

• Were you observed by the officer for the legally-required 20-minute time period and were the samples obtained within 15 minutes of each other?
• Do you suffer from any medical conditions that may have affected the results of the test (i.e., acid reflux) or was there any residual mouth alcohol from a mouthwash or denture adhesives present at the time of testing?
• Were there sufficient grounds for the arresting officer to ask for a breath sample in the first place?

Florida’s implied consent law notes that breath tests should be administered upon request of the police officer if he or she had reasonable cause to believe that the individual driving (or controlling) the automobile was doing so while in a state of intoxication. However, that officer must abide by the rules and procedures associated with such tests in order for them to be held valid.