DUI Breath Test
Most people arrested for DUI in Fort Lauderdale or Broward County, FL, will be asked to submit to a breath test on Florida’s Intoxilyzer 8000. Different law enforcement agencies throughout Broward County, including the Broward County Sheriff’s Office, maintain the machines so that a breath test can be conducted after a DUI arrest.
Many well-documented programs can occur during a breath test on Florida’s Intoxilyzer 8000 machines. The way that you blow into the machine, your temperature, mouth alcohol, and certain medical conditions can artificially inflate the reading.
Additionally, the prosecutor bears a heavy burden showing that the machine is in compliance with statutory and administrative rules. For instance, the breath test operator must have a current permit and administer the test in compliance with their training. The agency must conduct monthly inspections and send the machine out for repairs if the machine doesn’t pass the inspection or has other problems. The machine must also undergo an annual inspection by an Agency Inspector employed by the Florida Department of Law Enforcement. Any failure to comply can result in the breath test reading being thrown out by the judge.
The machine must also undergo an annual inspection by an Agency Inspector employed by the Florida Department of Law Enforcement. Any failure to comply can result in the breath test reading being thrown out by the judge.
Attorneys for DUI Breath Testing in Fort Lauderdale, FL
Our attorneys are familiar with fighting the DUI breath test case in Broward County, FL. We know how to conduct a full audit on the Intoxilyzer 8000 used in your case to find repair records, inspection records and electronic data related to your breath test.
Call us today for a free consultation. A reading over 0.08 or even 0.15 does not necessarily mean that you will be convicted of DUI. Many of these cases dismissed by the court or reduced by the prosecutor to less serious charges such as reckless driving.
Call (954) 765-6585 today to discuss your case.
Fort Lauderdale Police and the BSO DUI B.A.T. Unit
If the investigating officer determines that Probable Cause for DUI does exist then the officer will make an arrest and transport the suspect to the nearest appropriate testing facility. In many of these cases, after a DUI arrest in Fort Lauderdale, FL, the DUI suspect will be taken to the (Broward Sheriff’s Office) BSO B.A.T. Unit.
After the testing is completed, the officer will transport the suspect directly to the Broward Sheriff’s Office (BSO main jail) without stopping at the Fort Lauderdale Police Department (FLPD) processing area.
The Broward Sheriff’s Office (BSO) Main Jail is located at 555 SE 1st Avenue in Ft. Lauderdale. The Main Jail is maximum security facility next to the Broward County Courthouse in downtown Fort Lauderdale. Suspects are taken to the Central Intake Bureau for booking. The arresting officer will complete the booking process at BSO by filling out the following forms:
- necessary traffic citations;
- the test refusal form, if required.
After clearing BSO, the arresting officer is required to return two copies of the PC report and return them to the Fort Lauderdale Police Department (FLPD) processing area.
After turning the suspect over to booking, the arresting officer will complete several other forms including:
- the offense report which includes the time of the initial stop, the time of the arrest, and the time of the breathalizer tests;
- the DUI Uniform Traffic Citation if the suspect has a breath alcohol concentration (BAC) level of 0.08% or higher, or refuses to take a test (the suspect’s driver license will be seized);
- if the suspect does not have a BAC level of 0.08% or higher and does not refuse chemical testing, then the officer must complete a Uniform Traffic Citation (the suspect’s driver’s license should not be seized);
The citations are not supposed to be attached to the Probable Cause Affidavit. After a citation is issued, the officer is supposed to give the defendant the yellow copy of any citation issued. The other copies of all citations and the driver’s license, if seized, shall be placed in the Bureau of Driver Improvement envelope, and left in the appropriate basket in the write-up room.
If the suspect is charged with multiple counts of DUI, only one DUI charge should be on the DUI Uniform Citation. Additional charges for DUI are written on a Uniform Traffic Citation (UTC). The officer will then take copies of all paper work received from the BSO B.A.T. facility and place those documents in the appropriate DUI envelope in the write-up room for transmittal to the Bureau of Driver Improvement.
Finding an Attorney for the Intoxilyzer 8000 in Broward County, FL
If you were asked to submit to a breath test on the Intoxilyzer 8000 maintained by the Broward Sheriff’s Office (BSO) then contact an experienced criminal defense attorney at Meltzer & Bell to discuss the best ways to fight your case.
The DUI defense attorneys in Fort Lauderdale at Meltzer & Bell know how to fight these cases. Let us put our experience to work for you. Call (954) 765-6585 today to discuss your case.
This article was last updated on Friday, October 21, 2016.