WE CHALLENGE BREATH TEST RESULTS

THE BREATH TEST IS OFTEN IN ERROR, OR ADMINISTERED IMPROPERLY.

IF THAT IS THE CASE, IT DOESN’T MATTER WHAT YOUR READING WAS, AS IT WOULD BE AN INVALID TEST AND THE RESULTS SHOULDN’T BE ADMITTED INTO EVIDENCE AGAINST YOU.

FLORIDA USES A MACHINE CALLED THE INTOXILYZER 8000. THE MANUFACTURER OF THE MACHINE CLAIMS THAT THEIR NEW MACHINE IS ACCURATE AND RELIABLE. BUT IT IN FACT LEAVES TOO MANY QUESTIONS UNANSWERED. THE STATE AND THE MANUFACTURER HAVE REFUSED TO MAKE THE SOFTWARE THAT IS THE BRAINS OF THE MACHINE AVAILABLE TO DEFENSE ATTORNEYS. WE ARE IN THE MIST OF THE FIGHT TO EXAMINE THAT SOFTWARE TO SEE IF IT DOES WHAT THE MANUFACTURER CLAIMS IT DOES.

 

  1. WE CHECK TO MAKE SURE THAT THE OPERATOR OF THE MACHINE WAS PROPERLY LICENSED, THAT THEY OBSERVED YOU FOR TWENTY MINUTES PRIOR TO THE TEST AS PER FLORIDA LAW, THAT YOU WERE GIVEN PROPER INSTRUCTIONS ON HOW TO BLOW INTO THE MACHINE. WE ALSO LOOK TO SEE IF THE MACHINE WAS PROPERLY CALIBRATED AND MAINTAINED ACCORDING TO FLORIDA LAW.

  2. WE FIND OUT IF YOU WERE TOLD TO KEEP BLOWING UNTIL THE BREATH OPERATOR TOLD YOU TO STOP OR YOU HAD TO BLOW MORE THAN TWO TIMES FOR THEM TO GET A RESULT FOR THEIR TESTING.THERE ARE MANY OTHER REASONS WHY THE INTOXILYZER 8000 MAY HAVE INACCURATE RESULTS WHEN REPORTING A PERSON’S BLOOD ALCOHOL CONTENT. THEY COULD OCCUR FROM RADIO FREQUENCY INTERFERENCE(DID ANYONE IN THE ROOM WHERE THE BREATH MACHINE WAS IN HAVE A RADIO, WALKIE TALKIE OR CELLULAR PHONE ON?), MOUTH ALCOHOL CONTAMINATION, MALFUNCTIONING MACHINERY TO INTERNAL BODY TEMPERATURE INACCURACY. (EX. HUMAN BODY TEMPERATURES MAY VARY AS MUCH AS THREE FULL DEGREES-DEPENDING ON THE HEALTH, PHYSICAL ACTIVITY OR EVEN HOUR OF THE DAY. IF YOU HAVE A SLIGHT FEVER AND YOUR BODY TEMPERATURE IS ELEVATED BY ONLY ONE  DEGREE CENTIGRADE YOUR APPARENT BLOOD ALCOHOL WILL BE ARTIFICIALLY INFLATED BY APPROXIMATELY SEVEN PERCENT.

 

REMEMBER, A BREATH TEST ONLY TELLS THE STATE WHAT YOUR BREATH WAS AT THE TIME OF THE TEST, IT DOESN’T SHOW WHAT YOUR BREATH ALCOHOL CONCENTRATION WAS AT THE TIME OF DRIVING!

 

  1. WE LOOK AT EVERY POSSIBLE DEFENSE AND TECHNICALITY TO DETERMINE IF THE BREATH TEST WAS ADMINISTERED PROPERLY, IF ALL THE RULES REGARDING BREATH TESTING WERE FOLLOWED INCLUDING THE MONTHLY AND ANNUAL MAINTAINING OF THE MACHINE.  IF THERE WAS ANYTHING IMPROPER, WE WILL ASK THE COURT TO SUPPRESS THE RESULTS.

BREATH CHART

Alan S. Bernstein P.A. - with offices in Broward and Palm Beach - handling cases in the counties of Broward, Dade, Palm Beach, Hendry and Glades, understands the science of breath, blood and urine testing, as well as all facets of DUI Defense. Call right now for a free, no obligation consultation.  You only have 10 days to fight the suspension of your driver’s license.  Call right now! Call Alan S. Bernstein P.A. at 954-925-3111 or 954-347-1000 during the evenings and weekends.  

Address

2131 Hollywood Blvd, Suite 303

Hollywood, FL 33020

301 Clematis Street, Suite 3000

West Palm Beach, FL 33401

*by appointment only

E-mail

alanbernsteinlaw@gmail.com

 

Phone

954-925-3111 and on evenings & weekends call 954-347-1000.

CONTACT US

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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