Manatee County Sheriff's Department plans on utilizing the controversial Intoxilyzer 8000 to help with DUI enforcement over the Labor Day weekend. With the help of Sarasota County, the Manatee County Sheriff's Department plans on increasing officer presence on the roadways and hosting DUI checkpoints. The breath test will not be the sole path to determining if a driver is under the influence. Deputies will also incorporate field sobriety tests and a combination of other reports to generate probable cause. Manatee County previously canceled a July scheduled DUI checkpoint after questions regarding the accuracy of the Intoxilyzer 8000 arose.
The Intoxilyzer 8000 has not been approved by the U.S. Department of Transportation, only the Florida Department of Law Enforcement. Florida law does not require the approval from the U.S. Government. However, judges have ruled that the inaccuracies of breath samples obtained through this machine are inadmissible in Court.
Officers are also failing to disclose the controversy surrounding the breath test machine to suspected drunk drivers. A defendant may choose not to submit to a breath test out of fear that it would provide a false positive reading. This could result in unnecessary Refusal to Submit charges against the innocent.
I am a Tampa DUI attorney who has handled countless alcohol related cases. Musca Law Firm has over 100 years of combined legal experience with two convenient offices in Tampa and eight additional locations across the State of Florida. Facing a charge of DUI is emotionally trying enough without the fear that machine inaccuracy could create unjust evidence against you. Contact me for an in depth review of your case. Remember that you are considered innocent until proven guilty in a Court of law.
