In Florida, courts have dismissed many DUI cases because of challenges to breath test results from the Intoxilyzer 8000.
The Intoxilyzer 8000 is commonly used by Florida police to measure drivers’ blood alcohol content (BAC) following DUI arrests. Drivers whose BAC is 0.08 or higher are considered to be under the influence. However, those results may not be accepted in Florida courts.
Why are courts not accepting Intoxilyzer 8000 breath test results?
When a person is accused of driving under the influence in Florida, the state has the burden of proving the person’s BAC was 0.08 or higher. Roadside breath tests using hand-held machines are not admissible in court. To prove intoxication, the state will need BAC evidence one of three ways:
- A blood test
- A urine test
- A breath test machine approved by the state of Florida
Older versions of the Intoxilyzer breath test machine (such as the Intoxilyzer 5000) are approved for use in Florida. However, the Intoxilyzer 8000 is a new machine that has a number of modifications from earlier machines. Those modifications have not been approved for use in Florida. As a result attorneys can seek to suppress breath test results taken with the Intoxilyzer 8000. If breath test results are suppressed, the court will typically dismiss DUI charges for lack of evidence.
The law firm of Lindsey & Ferry, P.A., in Orlando, has successfully challenged breath test results from the Intoxilyzer 8000, resulting in dismissals of DUI charges for their clients.