For years the lawyers who specialize in Florida Dui Law have argued for The Florida Supreme Court to release the codes used in the Intoxilyzer 8000 to produce a breath sample alcohol level which allegedly correlates to a persons actual blood alcohol level. Today, the Court has delayed oral argument in a drunken driving appeal that could affect similar cases across the state. Any decision by a Court which could help Miami DUI lawyers get access to this information is a good thing.
The manufacturers of the breath machine are Kentucky-based CMI Inc.
The machine is the only breath tester certified by the state for use in Florida. DUI lawyers have argued for years to release the internal documents belonging to CMI to fully explain how the machine works. The machine itself has a one year warranty, which is just one example of why Miami DUI lawyers would like to get a hold of this information. Certainly when it comes to a person’s freedom and criminal record, it seems only fair that a defense lawyer should be able to fully understand how the machine itself works.
As a certified breath test operator of the Intoxilyer 8000, Miami DUI lawyer Justin Beckham has been trained on this exact machine, and can testify first hand to its various problems. For example, the machine is super-sensitive to mouth alcohol, such that a person could gargle an alcoholic drink, spit it out, and then blow over the legal limit into the breath machine. Also, the body temperature of the person blowing into the machine can influence the reading, as the software within the machine is only equipped for a certain level. A person with a fever will blow a higher reading than usual.