An Intoxilyzer is a type of breath test administered to individuals suspected of driving under the influence of alcohol. There are several brands and models of Intoxilyzer, including the Intoxilyzer 5000 and Intoxilyzer 8000, with the Intoxilyzer 8000 serving as the test of choice in Florida DUIs.
There are, however, numerous problems with the Intoxilyzer 8000 and the results of the test are, therefore, not necessarily accurate or good evidence to prove a DUI. If your DUI arrest was based on the results of an Intoxilyzer test, you may be able to fight your DUI conviction by raising intoxilyzer issues. An experienced Fort Lauderdale DUI attorney at The Ansara Law Firm can help.Intoxilyzer Issues
Intoxilyzer tests have always been prone to potential problems and inaccuracies. For example:
- Proximity to other devices emitting radio waves may affect the reading on the Intoxilyzer test.
- The test cannot generally distinguish between blood alcohol and alcohol in a person's mouth. Someone who has used smokeless tobacco, mouthwash, mints or lip balm may thus be inaccurately identified as having a BAC above the legal limit.
- Certain medical conditions including diabetes and heartburn can lead to an inaccurate Intoxilyzer result.
- Hyperventilating or sitting in certain positions may also affect test results.
In addition to these general problems, the Intoxilyzer 8000 used in Florida also has a flow sensor issue. For the test to work correctly, a DUI suspect needs to blow 1.1 liters of air into the machine in a continuous breath. However, readings from tests indicate that individuals are blowing between 4 and 9 liters of air in a continuous breath, which is highly unlikely if not scientifically impossible. This indicators that there are problems with the flow sensor in measuring volume, which means that the readings may not be accurate. The director for the Florida Department of Law Enforcement's Alcohol testing program, Laura Barfield, can be seen in this video discussing the potential problems with the Intoxilyzer.
With clear indications that the Intoxilyzer has serious issues with accuracy and reliability, individuals accused of a DUI based on the results of an Intoxilyzer test may be able to introduce reasonable doubt into their DUI cases. Since the prosecutor has the burden of proving your guilt in a DUI beyond a reasonable doubt, this means you may be able to avoid conviction and all of the consequences that go along with being found guilty of DUI. You should, however, have an experienced Boward County DUI lawyer to assist you in making the case for Intoxilyzer issues.
If you have been charged with DUI in South Florida, call The Ansara Law Firm today for your free initial consultation at (954) 761-4011! You can also contact us online. It only takes a minute to call, but it can make all the difference in the world.