DUI Breath Test

DUI Breath Test in South Florida

In Florida, the only approved breathalyzer instrument is called the Intoxilyzer 8000. The Intoxilyzer 8000 is manufactured by a company in Kentucky called CMI, Inc. The Intoxilyzer brand of evidential machines uses infrared spectrometry alcohol detection technology.

The breath test machine is not always accurate. Also, problems with the maintenance or calibration of the machine might lead to the court determining before trial that the results will not be admissible at trial.

Palm Beach County DUI Breath Sample Attorney

If you are accused of blowing over the legal limit of .08 then your attorney should conduct an investigation to identify any pre-trial issue that can be raised. A failed breath test does not guarantee a conviction. The criminal defense attorneys at Meltzer & Bell, P.A. are experienced in fighting DUI breath test cases in West Palm Beach and throughout Palm Beach County. Call us for a free consultation at (561) 515-5834 to discuss your case.


Information on BAC Breath Tests


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Pre-Trial Motions to Attack the Intoxilyzer 8000

The following issues can be raised on a pre-trial basis to attack the Intoxilyzer 8000 reading:

  • The breath test affidavit was improperly notarized;
  • Misadvice about the consequences of refusing to take the test that improperly compelled the person to take the test;
  • The 20 minute observation period was not followed;
  • The person submitted to the breath test before the arrest;
  • The defendant is read the Implied Consent Warning but is unable to understand it due to a language barrier;
  • The officer violates the defendant’s right to a independent blood test;
  • The defendant had dentures or other dental work that caused an inflated BAC reading because of the presence of mouth alcohol;
  • The defendant had acid reflux that caused an inflated BAC reading because of the presence of mouth alcohol;
  • The two samples were not given within the allotted time;
  • The two samples were not within .02 agreement; or
  • The Intoxilyzer 8000 used does not substantially comply with the rules contained in Florida's Administrative Code because:
  • The agency inspector did not have a valid permit to conduct a monthly inspection;
  • An unauthorized person had access to the breath test room and the Intoxilyzer; or
  • The breath test operator did not have a valid permit to conduct a breath test.

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Breath Test Over .15

Under Florida law, any person who provides a breath sample with a result of 0.15 grams of alcohol or more per 210 liters of breath will be charged with an enhanced version of DUI that comes with additional penalties upon conviction. In 2010, the Florida legislature increased the minimum punishment for individuals with a breath test reading over this limit.

The State Attorney’s Offices in both Broward County and Palm Beach County have a policy to enhance the sanctions imposed on any person charged with DUI with a sample of over .15. These enhanced sanctions include a higher fine and a requirement that the Court order the ignition interlock devise be installed for a certain period of time depending on the number and timing of any prior conviction or convictions. 

In addition, the State Attorney’s office often offers longer periods of probation, longer license suspensions and possible jail time with enhanced breaths, regardless of prior criminal history.  Don’t go at this alone. Call the lawyers at Meltzer & Bell, P.A., “The Traffic Stop” at (561) 515-5834 today.

For anyone charged with the enhanced version of DUI, it is important to remember that both samples must be over 0.15. If one sample is under 0.15 and one is over 0.15 then the enhanced sanctions do not apply.


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Finding a DUI Breath Test Attorney in Broward County

If you were arrested for a DUI involving a breath test reading of .08 or above then contact an experienced criminal defense attorney at Meltzer & Bell, P.A.. We represent clients throughout Palm Beach County and Broward County, including the cities of West Palm Beach, Ft. Lauderdale, Miramar, Boynton Beach, Pembroke Pines, and Jupiter.

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