THE BREATH MACHINE
It is well known amongst those of us that spend a considerable amount of time Defending people accused of DUI, that the Breath Tests can be illegally obtained or may be inaccurate for a number of reasons. We cannot tell you how many times we are asked questions like “should I blow” or “can you beat the machine”. The first question does not have a simple answer as the decision to blow needs to be made on a case by case basis. However, as for “beating the machine”, the answer is yes. Many states, including Florida, use different versions of the “Intoxilyzer” made by a company called “CMI”. One of the newer versions is the 8000 which some opine, may be less reliable than earlier versions because of software issues and the lack of familiarity and/or knowledge of those operating it. In fact, CMI has gone through twenty six software versions and there still may be problems. The bottom line is, a skilled, trained and experienced DUI defense lawyer should know how to examine the various aspects of the breath test, the machine it was given on and other variables that can impact the credibility of the test.
- Where you observed for a continuous twenty minute period before your breath test?
- Were you told to “keep blowing” during the breath test?
- Did anyone in the room the breath machine was in have a radio, walkie talkie or cellular phone on?
- Did the police have a legal basis to ask you to give a breath test at the time it was given?
- Was the machine properly calibrated and running correctly?
- Were you absorbing alcohol or eliminating it at the time of the stop and/or the breath sample?
- There are many issues regarding whether you were “on your way up” or “down”.
- Did you have a drink immediately before driving?
- Is your “partition ratio” exactly at 2100 to 1?
There are several questions that may indicate a viable attack exists against the breath test in your case. Anyone of these questions and many more may have a profound impact on the charges you are facing.
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