Intoxilyzer 8000

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.

Can I challenge my breath test results?

The short answer is: yes, and in many ways. The results of a breath test are critical in prosecuting and defending a DUI case. Launching a successful challenge to them can be the fatal blow for the prosecution. I have successfully defended many DUI cases where my client’s breath test results were over the limit, but I was able to get those results excluded from court or convince the jury to disregard them.

Recent Results

At Redavid Law, quality of service is matched only by results.

CHARGE

DUI


FACTS

After failing to perform to standards on five field sobriety exercises, the driver in this case was arrested for DUI. He refused to provide a breath sample.


RESULT

NOT GUILTY

on all counts

CHARGE

DUI, Property Damage


FACTS

A car being driving through a residential area crashed when its driver ignored obvious signs of construction. A confession was used against her in court.


RESULT

CHARGES DISMISSED

on appeal

CHARGE

DUI, 3rd in 10 years


FACTS

A man drive his van into ocean near a local marina. He provided two breath samples; both were more than three-times the legal limit.


RESULT

ACQUITTAL

on all charges

For help right away, or a free initial consultation, email any time of the day or night, or call 305-938-9939. I answer calls and email 24/7.