If you were arrested for DUI in Miami or Ft. Lauderdale, odds are you were asked to provide a sample of your breath for analysis. People commonly refer to the machines that analyze your breath as a “breathalyzer,” but the truth is, while at one time in history those machines actually existed and were in wide use, currently, the machines being used are called: Intoxilyzer 8000.
Because of how critical the results of these test can be in defending a DUI case, it is imperative that your DUI attorney have intimate knowledge of the governing regulations. Jordan Redavid has successfully defending many DUI cases where his client’s breath was over the limit, but he was able to get those results excluded from court.
Florida law authorizes the Florida Department of Law Enforcement (FDLE) to institute certain regulations for the administration of breath testing in DUI cases, including the list of approved machines for breath tests. The most pertinent FDLE regulations are found in Chapter 11D-8. It states that “the approved breath test method for evidentiary breath testing is Infrared Sepctroscopy,” and that “approved breath test instrument make and model is the CMI, Inc. Intoxilyzer 8000.”
In theory, these instruments are strictly monitored, stored, calibrated, and evaluated for accuracy. In reality, they are commonly malfunctioning; susceptible to false or inaccurate readings; and are evaluated and operated by people who may not be experts in using them.
Jordan Redavid knows what challenges to make to breath test results. Challenges may be against the machine itself, the specific manner in which a particular sample was collected, the credentials of the officer operating or evaluating the machine, or the process taken before the breath was obtained. Nothing is off limits and everything can help mount a proper DUI defense.