If you have been arrested for a Daytona Beach DUI the police probably asked you to submit to a breath test. If your results were over .08 and you were driving or in actual physical control of a motor vehicle hope is not lost. An experienced Daytona Beach DUI Attorney has numerous potential defenses. First for a breath test to be lawful the police must have had a constitutional basis for stopping or contacting you. Next they must have reasonable suspicion that you are impaired to ask you to submit to field sobriety exercises. If you perform the optional field sobriety exercises the police must have probable cause to arrest you. When you are arrested you will be read implied consent. Implied consent litigation comes in more during refusal cases. Prior to a breath test the police must observe you for 20 minutes to make sure you do not regurgitate alcohol. For more information about DUI law click Central Florida DUI Attorney Kevin Pitts. The next step for a Daytona Beach DUI Attorney is to check if the machine is compliant and challenge the accuracy of the machine. An accuracy example I recently discovered deals with Seminole Counties breath test machines. I am not aware of any litigation on this issue but I am preparing to litigate the issue. They have 2 Intoxilyzer 8000's serial numbers 80-001271 and 80-001272. Each month both machines are tested with the same three control solution lot numbers.
Three tests are performed sometimes just minutes apart by the same breath test inspector. The machines test a .05 G/210L control solution a .08 G/210L control solution and a .20 G/210L control solution during the monthly inspection. I have reviewed the monthly inspections from January through September and compiled the data. The .05 G/210L shows an average variation of 6.6% between the two machines on the same .05 G/210L control solution lot # 200903B. The inaccuracy was most pronounced on 3/30/2010 when a 10% difference was observed and again on 6/30/2010 when a 10% difference was observed on 2 tests. The .08 G/210L shows an average variation of 6.12% between the two machines on the same .08 G/210L control solution lot # 200908B. A maximum variation was observed on the 6/30/2010 test when an 8.75% difference occurred twice on the .08 solution. The .20 G/210L shows an average variation of 7% between the two machines on the same .20 G/210L control solution lot # 200908C. A maximum variation was observed on the 9/29/2010 test when a 9% difference occurred on the .20 solution. This is disturbing considering that according to FDLE both machines are compliant. What is even more disturbing is that 80-001272 always reads lower then 80-1271 and has only been used once since October of 2009. To look at the breath test public records click FDLE.