Breath Tests / Breathalyzer Testing

If you are arrested for driving under the influence of alcohol, the police officer may indicate to you that the results of the breathalyzer test you took are ironclad. The fact is, they are not. Any number of things can affect the validity of breathalyzer results. Florida law enforcement uses the Intoxilyzer 8000, and operating this breathalyzer requires a certain amount of training and expertise. If the police officer who administered the test to you did not receive proper training, or if he erred in the procedure, this can affect the results. Intoxilyzers also require maintenance on a regular basis, including calibration. If law enforcement fails to keep the machines in top condition or to check them regularly for accuracy, or if they are subject to radio frequency interference at the location where you are tested, they can fail. Your own activities just prior to taking a breast test can affect the results as well. Police officers are supposed to make sure you do not eat or drink anything, smoke or chew tobacco, vomit or belch just before taking the test. However, you might have done any one of these things right before you were stopped, and the officer would have no way of knowing that. This, too, can skew the results. If you have a medical condition, such as diabetes, this can prompt a falsely high reading. If you wear dentures or just recently had dental work done, the same thing can happen. The police officer should ask you if any of these factors apply, but he may not.

Not all DUI defense attorneys are created equal, and some are more familiar than others with the many issues that can affect the Breathalyzer 8000. David Katz knows these issues far better than most. He was once employed and trained by the Seminole County State Attorney’s Office as a DUI/Intoxylizer Specialist. He knows all the technicalities and factors that can affect the results of your test, and he can use them to make a difference. David Katz was once a prosecutor who worked hard to convict DUI cases, and he now uses his extensive experience on the other side of the fence. He can make a big difference in defending you against the charges against you. Your .08 breathalyzer result, indicating that you were too impaired to operate a vehicle, might in reality have been a .06 or .07, depending on the circumstances when you took the test. If so, David Katz has the experience to identify the factors that affected the breathalyzer and to use them to reduce or even eliminate the charges against you. If your breathalyzer results are not admissible in court because your arresting officer erred in some way, they will not be used against you.

If you are facing DUI charges, call David Katz today. Every moment counts. Even before you must deal with a criminal conviction for DUI, you will have to deal with the DHSMV hearing in an effort to retain your right to drive. The attorneys at Katz & Phillips can help you with this, too. Call us so we can make a difference in the charges against you.