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Melbourne, FL 32935

DUI Breath Test

Contact the DUI lawyers at the  Law Offices of Germain & McCarthy, if you have been arrested for any DUI case in Brevard County, FL, involving a breath test reading over the legal limit of 0.08. The DUI breath test machines used in Brevard County and throughout the State of Florida is called in Intoxilyzer 8000 which is manufactured by a company called CMI, Inc., in Owensboro, Kentucky.

Breath Test explained by Brevard County DUI Lawyer

Many people believe that if the case involves a breath test reading over the legal limit of 0.08 then a DUI conviction will necessarily occur. However, in certain cases a DUI conviction can be avoided even if the breath test reading is over a 0.08. In fact, it is possible to avoid a DUI conviction even if the DUI breath test reading shows an enhanced blow over the legal limit of 0.15.

Florida’s DUI Source Code Motions

Across the state of Florida, attorneys are involved in litigation to exclude the breath test results until the prosecutor turns over the source code to the Intoxilyzer 8000. These motions have been successful in excluding the breath test results in thousands of cases throughout the State of Florida. The source code includes the computer programs and software that allow the breath test machine to operate. Without the “source code,” many DUI attorneys argue that it is impossible to know whether the machines are accurate and reliable. This is particularly true because of “glitches” recently observed in the machine.

Lack of Substantial Compliance with the Intoxilyzer 8000 Rules

In other cases, your criminal defense attorney may be able to fight to exclude from evidence your breath test results because of a failure to substantially comply with various rules regarding the calibration and inspections of the machines. In fact, any problem with the annual inspections or monthly inspections can lead to the exclusion of the breath test results. Find out how even minor mistakes in the may the machines are maintained can lead to inaccurate or unreliable results.

Fight to Avoid Certain Enhanced Penalties for a Breath Test Reading Over 0.15

if your criminal report affidavit says that you are charged with DUI over 0.15, then certain enhanced penalties may be imposed in your case. These enhanced penalties under Florida law for DUI with a breath test reading over 0.15 can include minimum mandatory fines between $1,000.00 to $4,000.00. Florida law may also require the court impose the dreaded ignition interlock device if the breath test reading was over 0.15.

Ways to avoid these drastically enhanced penalties included a stipulation which is made part of the plea negotiations with the State Attorney’s Office that the breath test result in your case involved a reading less than 0.15. Additionally, if the court excludes the breath test results as a result of any motions filed in your case, then these penalties may also be avoided. 

Knowledgable Representation for DUI Breath Test Cases

Contact a criminal defense lawyer in Melbourne, FL to find our more about how The Law Offices of Germain & McCarthy can fight DUI cases involving a high breath test reading. Our offices are located in Melbourne, Brevard County, FL. Contact our Brevard County DUI attorneys today to discuss your case.

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