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The Breath Test, or breathalyzer, is the most common chemical evidence used in DUI cases.  If a DUI officer develops probable cause to arrest a person for DUI, they will usually be transported to the jail or a remote testing facility where the breath test will be administered.  Hand-held breathalyzers  are rarely utilized in Florida.  Florida’s implied consent law requires all licensed drivers to submit to the breathalyzer.  Refusal to submit to the breathalyzer in Florida will result in  twelve month suspension of your license for a first refusal or 18 months for a second or subsequent refusal.  The intoxilyzer 5000 or the intoxilyzer 8000 are the most commonly used breathalyzer machines in Florida.  Regardless of which model of the breathalyzer is used, there are a number of factors that can affect the reliability of the breath test results.  An experienced DUI attorney will review the breath test results and determine if the results may have been altered.  Common factors that can affect the reliability of the breath test include:

  • Calibration and maintenance of the machine
  • Training of breathalyzer technician
  • “Inherent error”/standard deviation
  • Time lapse since suspect last consumed alcohol
  • Presence of “mouth alcohol”
  • Vomiting, or belching
  • Use of mouthwash, cough syrup, throat spray or breath freshener
  • Acetone detection
  • 20 minute observation period

If you have been arrested for DUI contact The Lambert Law Firm right away.