What if the police officer contends that I refused a blood-alcohol test when I really did not?

If you take a breath test and the results are above a 0.08 and you know that that’s just not possible; you’re not crazy.

The breath test instrument in Florida has faced numerous challenges throughout the State. In many jurisdictions courts have ruled that it is inadmissible. Why? Because defense attorneys such as those at Katz & Phillips have been able to show the courts that these
machines are not reliable, they are not accurate and they are not precise.

Through research that we’ve done we have found instances of the breath test used in Florida – which is called the Intoxilyzer 8000 – showing results when nobody’s blown into the machine.

The machine doesn’t just read the breath alcohol content, it also talks about – it will also register the volume of breath in it. There are many times where it will register no breath volume and have an alcohol result. There are other times where it will have breath
volume above the limit that is required to have a scientifically-valid test and it will print out on the breath test affidavit ‘volume not met.’

There are other times when the volume hasn’t been met to insure a scientifically-reliable test and the instrument doesn’t catch that there isn’t enough volume in it.

Those and other errors of this instrument have helped keep breath tests suppressed in certain parts of Florida for years. An experienced DUI attorney will be able to help you determine whether or not your breath test results will be admissible in a court case and will be able to help fight to keep them out.