In Sarasota County, the prosecutors recently decided against using breathalyzer test results in approximately one hundred DUI court cases in both Manatee and Sarasota counties. The reason? The problematic breathalyzer known as the Intoxilyzer 8000.
In total, Florida-based attorneys state that a small number of cases in Manatee County were affected by this ruling; however, in Sarasota County, one in every three pending DUI cases in Sarasota County was affected. Therefore, as there may not be sufficient other evidence to try some of the accused, some DUI charges may be dropped.
However, in cases where other evidence indicates that the accused may have been driving under the influence, the DUI cases will be pursued.
About the Intoxilyzer 8000
The Intoxilyzer 8000 has been in use in the state of Florida since its introduction in the year 2006. However, lately, the machine has been under fire for giving faulty results. For instance, at Sarasota County’s South County jail, the Intoxilyzer 8000 reported that some drivers blew ten, eleven, or as much as twelve liters of breath into the machine. As the maximum lung capacity of a human's lungs is approximately five liters in comparison, experts state that the improper breath sample size can taint the results.
Intoxilyzer 8000 History
Earlier tests by the state discovered that approximately forty percent of the Intoxilyzer 8000s were incorrectly measuring individuals' breath volumes. In fact, besides these faulty high breath volume measurements, an expert also noted that a machine he examined also produced an unusual amount of results with blood alcohol levels three times above the legal blood limit.
Regardless, the state of Florida used these breath tests for years as officials did not perform mandatory reviews of every breath test and/or neglected to properly test the breath flow sensors. Thus, as more drivers will inevitably be charged with DUI based on Intoxilyzer 8000 test results, the accuracy of these tests will continue to be diligently scrutinized.
Have you or someone you know been charged with DUI? Contact expert Florida DUI defense lawyers here at Musca Law – you can reach us at 1-866-Musca-Law to arrange your completely free legal consultation.