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Problems with Florida's Intoxilyzer 8000Tampa DUI Attorney on Breath Test Reading Over 0.08
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Many people assume that if they take the breath test and register a reading over the legal limit of 0.08 that they will not be able to fight their DUI charges at trial. In many of these cases our goal is to have the breath test reading completely excluded so that if the case goes to trial the prosecutor is not able to tell the jury that the client took the breath test or blew over the legal limit.
The State of Florida uses a breath test machine called the Intoxilyzer 8000. Like several other DUI attorneys throughout the State, the Tampa DUI Attorneys at the Sammis Law Firm are fighting to have the results from this machine thrown out for the following reasons:
The Machine is Not "Approved" Under Florida Law
The particular breath test used is not an "approved" machine under Florida Law. Florida law requires that the alcohol testing program of the Florida Department of Law Enforcement Enforcement (FDLE) must evaluate only those machines that are listed on the Conforming Products List (CPL) of the U.S. Department of Transportation.
The CPL names the Intoxilyzer 8000 manufactured by CMI specifically, but further provides that the machine "...analyzes breath samples using the 3.4- and 9-micron bandwidth." The problem is that the Intoxilyzer 8000 used in Florida does not use the 9 micron or 3.4 micron bandwidth. Since the Intoxilyzer 8000 used in Florida is not the same machine as what is listed on the CPL then it should not be considered an "approved" machine under the Florida statutes.
The State of Florida is Hiding the "Source Code" to this Mysterious Machine
The results of the breath test machine should not be admissible because the State of Florida and the manufacturers of the machine are hiding the "source code" of the machine, and without the "source code" there is no way to determine if the machine really works.
Previous rulings throughout the State have held that the DUI defense attorney is not entitled to see the source code of the breath machine or to have an expert witness look at the source code of the breath test machine. Those cases, however, hinged on the fact that the DUI attorney did not make a specific showing at the hearing that the source code was relevant or that any flaw existed with the Intoxilyzer 8000 that would make examination of the source code necessary.
Recently, DUI attorneys in Orange County, Seminole County, Manatee County, and Sarasota County have successfully made such particularized showings causing the courts in those jurisdictions to require the source code to be released to the DUI defense expert witness or find that the breath test result was not admissible until the source code was released to the defense. Furthermore, these courts have been particularly concerned about the fact that the State of Florida can not produce any witness that had seen the source code or knows how the machines work.
Fighing to Exclude the DUI Breath Test Readings in Tampa, Hillsborough County, FL
At the Sammis Law Firm we have filed similar motions to contest these issues in Hillsborough County, FL. As the judges become more familiar with the problems with Florida's Intoxilyzer 8000, it becomes increasingly likely that the judges in Hillsborough County will follow the rulings made by judges in other jurisdictions excluding the breath test results. Our DUI motions to exclude the breath test results in DUI cases are currently pending in Hillsborough County, FL. Call to find out more about how these challenges might help you win your DUI case or negotiate a better disposition.