Breathalyzer tests used in Florida DUI cases are currently being challenged, according to Miami DUI attorney John Musca. The current challenge to breathalyzer results questions the use of the Intoxilyzer 8000 under Florida DUI law. This specific model is the only breathalyzer that has been approved for use in Florida DUI cases. Hundreds of cases in Palm Beach County are being challenged based on the use of this breathalyzer model.
Under Florida DUI law, Florida's breathalyzers must match those used by the Federal government. Under this standard, DUI defense attorneys are arguing that the breathalyzer does not meet the Federal criterion. Officials have argued that the discrepancy is a simple typographical mistake. However, it is being argued that law enforcement officials have tampered with the inspection of the devices and covered up failed test results that show the machines are inaccurate.
These allegations were previously raised in 2008 when the Florida Department of Law Enforcement terminated an examiner who was in charge of all breathalyzer machines in Miami-Dade County for "failing to follow protocol." The employee had been unplugging the machines to prevent errors from being reported. Officers in Palm Beach County and Boyton Beach have also previously been found to have tampered with breathalyzer results.
The dismissed inspector had been in charge of all breathalyzer machines in the county so faulty machines might have been used to convict some of DUI offenses. A Miami judge has been asked to order every Intoxilyzer 800 machine be checked. If it is established faulty machines were used, there could be citizens who were wrongfully convicted of DUI.
"This is an example of why it is important to have an experienced MIami DUI defense lawyer when a person is accused of driving while intoxicated," said Musca. "Breathalyzer machines are not infallible and the rules and regulations regarding their use and maintenance are very specific. Challenging the validity of a breathalyzer test is something that one needs an experienced DUI defense lawyer to handle."
Musca Law provides the highest quality criminal litigation services to the residents of Miami and the surrounding areas. Our criminal defense attorneys have successfully tried, defended, and appealed hundreds of cases in both state and federal courts throughout Florida. These cases include, but are not limited to, felony cases, misdemeanor cases, DUI, drug crimes, federal crimes, domestic violence, theft crimes, sex crimes, probation violations, white collar crimes, violent crimes, and motor vehicle offenses.
