When you are pulled over by police under suspicion of committing a DUI, taking an intoxilyzer is almost unavoidable. Florida statute 316.1932 requires all drivers to submit to a breath test or else earn an automatic suspension of their driving privilege for a year or more. However, just because you take the intoxilyzer and the result turns up bad does not mean it is the end for you. The machines that turn out these results are not perfect and may have consistent flaws in their history. Your attorney can perform an audit of the device used in your case and determine what these issues are. If these problems exist, your attorney may have a stronger leg to stand on when fighting the charge.
The first place to start is your “Breath Alcohol Test Affidavit,” which is provided by the prosecution in their discovery exhibit. This document contains the date and time of your test, as well as the breathalyzer’s serial number. This number will become incredibly important, as it allows you and your attorney to search other databases for important information. For instance, searching the subject test inquiry records requires a serial number, month, or year; having the serial number on hand will be immensely helping for finding results relevant to the device used in your particular case.
Other important areas your attorney can investigate include, but are not limited to, the monthly agency inspection test records, Florida Department of Law Enforcement (FDLE) Departmental Inspection records, and statistical error datasheets. Here is each area in detail:
- Agency Inspection Test Records:
- Each month, your local police agency should be inspecting all the breathalyzers they use and recording all data associated with these devices
- When your attorney has a serial number, they can download all agency inspections and identify any issues that may have existed with the device prior to your own test
- FDLE Departmental Inspection records:
- The FDLE sends every single intoxilyzer device to an authorized repair facility on an annual basis
- The inspection consists of a checklist, which consists of the following items:
- Visual Inspection
- Quality Checks
- Flow Calibration
- Maintenance
- BAC Testing (seeing if the machine registers a correct BAC)
- If any outstanding issues are identified and the machine does not comply with regulations, this will be very clearly detailed in the inspection records
- Statistical Error Datasheets:
- The FDLE publishes a new sheet every month, which shows general error trends and statistics for all intoxilyzers used during the month
- While this doesn’t provide information for a specific device, it can be useful for identifying prevalent error trends that are helpful to look for
Performing this type of audit can be time-consuming if you don’t know where to look or what to do with the vast amount of information available to you. If you have been charged with a DUI, you will need an attorney who is willing to put the time and effort into a full investigation of the intoxilyzer used in your case. Call Hendry & Parker, P.A., in downtown Dunedin, at (727) 205-5555 today for a free consultation.