DUI Intoxilyzer 8000
Breath tests are by and large the preferred method of law enforcement for gauging the blood alcohol concentration (BAC) of alleged offenders in alleged driving under the influence (DUI) of alcohol cases. The Intoxilyzer 8000 is the specific type of breath test instrumentation approved for evidentiary use in Florida.
Many alleged offenders in DUI cases assume that the Intoxilyzer 8000 is an otherwise infallible piece of machinery and any results of tests performed on it that indicate BACs of 0.08 or higher translate to automatic convictions. The truth, however, is that the Intoxilyzer 8000 is an extremely complex device that needs to be properly maintained in accordance with state law, and any one of a number of possible human errors or mechanical issues can negate the results of even failed tests.
Attorney for DUI Intoxilyzer 8000 Arrests in Brooksville, FL
Were you recently arrested in Central Florida for DUI as the result of a failed Intoxilyzer 8000 test? You will want to make sure that you contact The Law Office of Ashley Aulls, P.A. as soon as possible for help achieving the most favorable resolution to your case.
Ashley Aulls is an experienced criminal defense lawyer in Brooksville who represents clients accused of drunk driving offenses in communities all over the greater Hernando County area, including Inverness, Spring Hill, Wildwood, Brooksville, Weeki Wachee, New Port Richey, and many others. Call (352) 593-4115 right now to have our attorney review your case and answer all of your legal questions by setting up your first consultation.
Overview of DUI Intoxilyzer 8000 Cases in Florida
- Which kinds of mistakes might the people operating an Intoxilyzer 8000 make?
- What does state law require in the administration of tests performed using the Intoxilyzer 8000?
- Where can I find more information about DUI Intoxilyzer 800 in Brooksville?
Human beings are naturally prone to error. In many DUI cases, the results of breath tests performed using the Intoxilyzer 8000 can be thrown out because of simple oversights by the police officers of other individuals who conducted such tests.
Chapter 11D-8 of the Florida Administrative Code is otherwise known as the “Implied Consent Program.” The Administrative Code establishes several requirements relating to the inspection, operation procedures, and retention of records relating to Intoxilyzer 8000 devices.
Some of the common types of issues that may invalidate Intoxilyzer 8000 test results include, but are not limited to:
- Breath test operator did not have valid permit;
- Authorities used unapproved Intoxilyzer 8000;
- Improper operation of Intoxilyzer 8000;
- Failure to conduct observation period;
- Failure to perform diagnostics check;
- Failure to perform control test; or
- Improperly issued implied consent warning.
Just as the people operating an Intoxilyzer 8000 are susceptible to errors, the machines themselves may have issues that lead to the devices producing inaccurate results. Many such errors are the result of improper maintenance or care for the devices.
Just as Chapter 11D-8 of the Florida Administrative Code provides the guidelines for how Intoxilyzer 8000 devices are to be used, the Implied Consent Program also governs maintenance of Intoxilyzer 8000 machines. Failure to abide by the standards provided in the Code can impact whether Intoxilyzer 8000 test results are admissible in court.
A few of the requirements established under the Implied Consent Program include:
- Florida Administrative Code § 11D-8.004(2) — Registered breath test instruments shall be inspected by the Florida Department of Law Enforcement (FDLE) at least once each calendar year to ensure accuracy and reliability, and must be accessible to the FDLE for inspection. A department inspection must be conducted subsequent to repair and prior to being placed in evidentiary use.
- Florida Administrative Code § 11D-8.006 — Evidentiary breath test instruments shall be inspected by an agency inspector—a person who has been issued an Agency Inspector permit by the FDLE—at least once each calendar month. Whenever an instrument is taken out of evidentiary use, the agency—a law enforcement agency other than the FDLE, or an entity which conducts breath tests or submits blood samples for alcohol testing pursuant to these rules, or a civilian entity performing such duties on behalf of a law enforcement agency—shall conduct an agency inspection. The agency shall also conduct an agency inspection prior to returning an instrument to evidentiary use.
- Florida Administrative Code § 11D-8.007(1) — Evidentiary breath test instruments shall only be accessible to a person issued a valid permit by the FDLE and to persons authorized by a permit holder. Only authorized repair facilities or the FDLE are authorized to remove the top cover of an Intoxilyzer 8000 evidentiary breath test instrument.
- Florida Administrative Code § 11D-8.007(4) — When operating an Intoxilyzer 8000 instrument, a breath test operator shall conduct a breath test in accordance with Operational Procedures – Intoxilyzer 8000 FDLE/ATP Form 37, and the results of the test shall be recorded on the Breath Alcohol Test Affidavit – Intoxilyzer 8000 FDLE/ATP Form 38.
FDLE | Intoxilyzer 8000 Records — The Alcohol Testing Program in Florida has exclusive responsibility for the regulation of the operation, inspection and registration of breath test instruments; the regulation of the individuals who operate and inspect evidentiary breath test instruments; and the regulation of blood analysts who conduct blood alcohol testing. Visit this section of the FDLE website for access to various Intoxilyzer 8000 records, including instrument files and registrations, subject test electronic data, and subject test inquiries. You can also view inspection test and other electronic data, subject test statistics, and evaluations and research studies.
Intoxilyzer 8000 Reference Guide (Feb. 2006) | FDLE — View the FDLE’s Reference Guide for users of the Intoxilyzer 8000 in Florida. You can learn more about how the Intoxilyzer 8000 works, what its operational modes are, and what tests are performed during a diagnostics check. You can also find information about the breath test and agency inspection sequences.
The Law Office of Ashley Aulls, P.A. | Brooksville DUI Intoxilyzer 8000 Defense Lawyer
If you were arrested for DUI after submitting a failed test on an Intoxilyzer 8000 in Central Florida, it will be in your best interest to immediately retain legal counsel. The Law Office of Ashley Aulls, P.A. defends individuals arrested for alleged drunk driving offenses all over Pasco County, Hernando County, Citrus County, and Sumter County.
Brooksville criminal defense attorney Ashley Aulls understands the types of issues that can arise with tests administered on Intoxilyzer 8000 devices, and he can use any mistakes or oversights to possibly get your criminal charges minimized or eliminated. He can provide a complete evaluation of your case as soon as you call (352) 593-4115 or submit an online contact form to schedule your first consultation.