If you have ever been pulled over under suspicion of drinking and driving, there is a good chance you have been asked to undergo a breath alcohol test. As the preferred method of gauging a driver’s blood alcohol content (BAC) in the state, breath tests are the norm in Florida. Here is everything you need to know.
How Do Breathalyzer Tests Work?
Breathalyzers are instruments used by law enforcement to estimate the alcohol content in a person’s bloodstream. They are most often used to determine whether a driver is operating a vehicle while intoxicated. Law enforcement may also request a urine test to detect controlled substances, emphasizing the mandatory nature of urine tests under Florida law.
Breathalyzers utilize three technologies to measure BAC. They include:
- Semiconductor oxide sensor
- Fuel cell sensor
- Spectrophotometer
In technical terms, breathalyzers contain an anode—a negatively charged electrode—and a cathode—a positively charged electrode. When you use a breathalyzer, the ethanol in your breath reacts with water from the air and is oxidized to form acetic acid. Generally speaking, breathalyzers don’t truly measure blood alcohol content but instead provide a relatively accurate estimation based on the ethanol in your breath.
What Breathalyzer Test is Used in Florida?
Law enforcement officials use a breathalyzer known as the “Intoxilyzer 8000,” a device manufactured by CMI, Inc., based in Owensboro, Kentucky. Florida law mandates the calibration and maintenance of the Intoxilyzer 8000 to ensure accurate BAC readings. Because the alcohol concentration released from a person’s lungs is directly correlated to the concentration of alcohol in the blood, the Intoxilyzer 8000 measures a person’s BAC by analyzing the amount of infrared light absorbed by ethyl alcohol within a breath sample.
The Legal Limit for DUI Breath Tests in Florida
The legal limit for a DUI breath test is a blood alcohol concentration (BAC) of 0.08%. This means if your BAC is 0.08% or higher, you can be charged with driving under the influence (DUI). It’s crucial for all drivers to be aware of this threshold to avoid severe legal consequences.
However, the legal limit varies depending on the driver’s age and type of license. For drivers under 21 years old, the legal limit is significantly lower at 0.02%. This stricter limit reflects the state’s zero-tolerance policy for underage drinking and driving. Commercial drivers, such as truck drivers, also face a lower legal limit of 0.04%, given the potential risks associated with operating large vehicles.
Understanding these limits is essential for all drivers. Knowing the legal BAC thresholds can help you make informed decisions and avoid the serious repercussions of a DUI charge.
Potential Issues That Could Arise with a Florida Breathalyzer Test
A critical problem with how the Intoxilyzer 8000 works is that it is incapable of assessing ethyl alcohol levels specifically. All “methyl” group organic molecules (such as acetone, diethyl ether, or methyl alcohol) absorb infrared light the same way, so BAC measurements can be unreliable. Failing a breath test can lead to the immediate suspension of your driver’s license, impacting your driving privileges.
Methyl group molecules can also present in a person’s breath for reasons unrelated to alcohol consumption, such as natural causes, use of mouthwash, or breathing in fumes from:
- Gasoline
- Glue
- Paint
- Lacquer thinner
- Chemical cleaners
If you think there may have been an issue after taking an Intoxilyzer 8000, it’s crucial you get in touch with a lawyer as soon as possible.
Consequences of Failing a Breath Test
Failing a breath test can lead to serious consequences that extend beyond the immediate traffic stop. One of the most immediate penalties is the suspension of your driver’s license. If you fail a breath test, your license will be suspended for at least six months. This can significantly impact your daily life, making it challenging to commute to work, school, or other essential activities.
In addition to license suspension, you may face fines and even jail time, especially if you have prior DUI convictions. First-time offenders might be required to attend DUI school and complete a substance abuse evaluation. These programs aim to educate and rehabilitate, but they also come with their own set of costs and time commitments.
A DUI conviction can also have long-term effects on your life. It can lead to increased insurance rates, making it more expensive to maintain coverage. Moreover, a DUI conviction will leave a permanent mark on your driving record, which can affect future employment opportunities and other aspects of your life.
Understanding the severe consequences of failing a breath test underscores the importance of making responsible decisions and seeking legal advice if you find yourself facing DUI charges.
Can You Refuse to Take a Breathalyzer Test in Florida and Face License Suspension?
Florida, like almost every other state, has what is known as an “implied consent law.” What this means is by obtaining a driver’s license and exercising your driving privileges in the state, you automatically give consent to undergo an approved sobriety test when requested by a police officer. Therefore, you could face serious penalties if you refuse to take a breathalyzer test during a traffic stop.
While the consequences for refusing a breathalyzer test vary, most drivers face suspension of their driver’s license at the least. The suspension could last for months, years, or even indefinitely.
If you’re pulled over for suspected drinking and driving, knowing your rights helps you navigate the situation more effectively and potentially protect your legal interests. Here’s what you should understand about your rights during a DUI stop:
- Right to remain silent: You are not required to answer incriminating questions. State you are exercising your right to remain silent. However, you are legally required to provide your license, registration, and proof of insurance.
- Observation of the field sobriety test (FST): If an officer suspects you are under the influence, they may ask you to perform field sobriety tests. You have the right to decline these tests without legal penalties. However, refusal can still be mentioned in court, and the officer may use your refusal as part of their observations when determining probable cause for an arrest.
- Breathalyzer test rights and consequences: Under Florida’s implied consent law, you have technically agreed to submit to chemical tests (including breathalyzers) by accepting the privilege to drive. Refusal to take a breathalyzer may lead to automatic license suspension and possibly other penalties. However, you have the right to consult with an attorney before submitting to the test, though this right must be exercised quickly, as delaying the test can also be seen as a refusal.
- Right to record: You are allowed to record your DUI stop as long as you do not interfere with the officer’s duties. Keeping a video or audio record can be useful if there are disputes about what happened during the stop.
- Request for a lawyer: You can request to speak to a lawyer at any time during the process. While this right may not prevent the initial arrest, having legal counsel early can help ensure your rights are protected later during legal proceedings.
Understanding these rights can help you if you ever find yourself in a DUI stop. Knowing what you are required to do and what you can refuse is crucial in managing the interaction with law enforcement and protecting your legal rights.
How to Challenge a Breathalyzer Test in Court
Challenging the breathalyzer test is a common defense strategy in DUI cases. Additionally, requesting a blood test may be a strategy to challenge the results, especially if there are concerns about the accuracy of the breathalyzer. If you believe your breathalyzer test results were inaccurate or that the test was improperly administered, here are several approaches you can take to challenge the results in court:
- Question the calibration and maintenance of the device: Breathalyzers must be regularly calibrated and maintained to ensure accurate readings. Your attorney can request maintenance records for the breathalyzer used in your case to check for any lapses in calibration or maintenance that could have affected your results.
- Highlight operator error: The accuracy of a breathalyzer test can also depend on how it was administered. Your defense attorney can argue that the law enforcement officer did not follow proper protocol when conducting the test, which might include not observing you for the required 20-minute observation period to ensure you did not ingest anything that could skew the results.
- Medical conditions: Certain medical conditions, such as acid reflux, diabetes, or even diet-related issues, can affect breathalyzer results. If you have a medical condition that might have impacted the accuracy of your breath test, this can be used as part of your defense.
- Environmental factors: Sometimes, external factors can influence breathalyzer readings. The presence of chemicals or fumes, like those from paint or gasoline, can result in false positives. If you were tested in a location where such exposures are plausible, this could be a point of contention.
- Device-specific challenges: Because the Intoxilyzer 8000 is known to potentially confuse other methyl group organic molecules for ethyl alcohol, demonstrating the presence of such substances at the time of testing could invalidate the results. For example, if you used mouthwash or were exposed to other substances that could affect the test, these factors should be brought up in court.
- Statistical margin of error: Breathalyzers have a known margin of error. In some cases, if your BAC was recorded very close to the legal limit, your attorney might argue that the breathalyzer’s margin of error could mean your actual BAC was below the legal threshold.
By employing these strategies, your attorney may create reasonable doubt about the dependability of the test results, which might result in their dismissal or the reduction of the charges.
Breath Test Myths and Misconceptions
There are many myths and misconceptions surrounding breath tests, and it’s essential to separate fact from fiction. One common belief is that breath tests are always accurate. While breath tests are a widely used tool for measuring BAC, they are not infallible. Various factors, such as the type of breathalyzer used, the calibration of the device, and certain medical conditions, can affect the accuracy of breath test results.
Another myth is that you can “beat” a breath test by eating certain foods or using mouthwash. This is not effective and can sometimes even lead to false positives. For instance, some mouthwashes contain alcohol, which can skew the results of a breath test.
Some people also believe they can refuse a breath test without facing any consequences. However, under Florida’s implied consent law, refusing a breath test can result in an automatic license suspension and other penalties. Refusal is often seen as an admission of guilt and can complicate your legal situation.
It’s crucial to understand the facts about breath tests and not rely on myths or misconceptions. If you have been charged with DUI, consulting with a DUI defense attorney can provide you with accurate information and help you navigate the legal process effectively.
Discuss Your Breath Test Results with a DUI Defense Attorney in Palm Beach County
Criminal Defense Attorney Brian Gabriel has over 30 years of experience crafting robust defense strategies for residents in West Palm Beach and surrounding countries accused of driving while under the influence. Mr. Gabriel has conducted extensive research on the Florida breathalyzer test, the Intoxilyzer 8000, and has identified the instrument’s vital weak points. He will handle your case using all the knowledge and skills developed over the span of more than 30 year career.
Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 475-5952. You can also complete an online contact form to learn more.