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Intoxilyzer Breath Test
Breath Test The 4th Element of a FLORIDA DUI arrest

In Florida, the standard breath testing machine used by Police is the Intoxilyzer 8000™. These machines can be used at the police station, but Florida also has mobile breath test units available to check your breath alcohol concentration (BAC) near the scene of your arrest or to check the alcohol levels of suspects at a DUI checkpoint. The Intoxilyzer does not necessarily provide an accurate reading of the amount of alcohol in your blood, as it is susceptible to operator error, improper calibration and more.

An experienced Florida DUI lawyer may be able to use the defense of an improper BAC reading as a successful defense in your DUI case. A lawyer familiar with an Intoxilyzer breath test will understand not only the operation of the machine but how may be improperly used and maintained and adversely affect your breath test results.

If you have been arrested for a DUI in Florida and your Intoxilyzer reading was between .05%-.08% or .08% or above, you may be charged with a DUI. The knowledgable attorneys at Ohle & Ohle are qualified to help you with your driving under the influence defense. With diverse backgrounds in both public defense and state prosecution, our DUI lawyers have the experience and know-how necessary to provide you with a reliable defense.

Intoxilyzer Errors

There are a variety of factors which can interfere with and show an incorrect blood alcohol level from an Intoxilyzer test.
  • Operator error can cause the machine and its results to be inaccurate.
  • An improperly calibrated Intoxilyzer will show the wrong result for your breath test.
  • The amount of breath blown into the machine may affect your test. If you blow too much air into the machine, the reading will be high. The Intoxilyzer requires a certain amount of breath to test your blood alcohol level; if an officer tells you to “keep blowing” this may adversely affect your results.
  • A person’s metabolism, body weight and lung temperature may also affect the Intoxilyzer results.

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