Many drivers in Tampa and other parts of Florida have followed the ongoing court case over the accuracy of the Intoxilyzer 8000. The debate over the effectiveness of this breathalyzer test continued in October as scheduled testing of the device failed to sway either side.

The outcomes of the DUI cases involving the Intoxilyzer 8000 remain to be seen. In the meantime, it is important for Florida drivers to understand what their options and rights are when it comes to refusing tests that they believe may be unfavorable.

Recent Intoxilyzer developments

According to Florida Today, lawyers defending DUI clients filed the request for the Intoxilyzer to be tested four years ago. In September, the durability of the machine was finally tested, and comparisons between blood test results and Intoxilyzer results were scheduled for late October.

During testing, the printer of the Intoxilyzer malfunctioned. There was also an issue with the tank of gas that the device uses to self-calibrate before and after every breath test; the tank cracked and leaked when the machine was shaken. Prosecutors asserted that both malfunctions involved external devices, and that the Intoxilyzer itself passed all the tests, while the defense team disagreed. The accuracy of the Intoxilyzer results will now be decided case-by-case in court.

It is worth noting that the accuracy of the same breath test machine has already been questioned elsewhere. Last year, Cincinnati's Fox 19 reported that Cincinnati police were ordered to suspend use of the device due to the controversy and lengthy court cases surrounding its accuracy. The same article reported that the Intoxilyzer 8000 also had drawn criticism in Arizona, Tennessee and Minnesota.

Florida drivers following these developments may be understandably reluctant to consent to testing with devices that may not be accurate. However, it is critical that Florida drivers be clear on what their options are in the event of a DUI arrest.

Implied consent information

Florida has an implied consent law, which means that drivers consent to breath or urine testing in exchange for the privilege of using the roads. However, many Florida drivers do not have a clear idea of what this law allows and forbids. The Florida Department of Highway Safety and Motor Vehicles website offers the following guidelines:-Drivers cannot be physically forced to take a blood, breath or urine test.-However, drivers who refuse such a test face a one-year license suspension, and an 18-month suspension if there have been prior offenses.-The refusal to submit to a test can be used in court.-After two or more refusals, drivers are not eligible for hardship licenses.

It is also important to note that Florida drivers can refuse field sobriety tests without consequence. However, refusing breath or urine tests is not an effective way to escape the consequences of a DUI arrest, as doing so comes with its own penalties.

If you have been arrested for DUI, regardless of what the circumstances were, you should speak with an experienced lawyer immediately. A lawyer can evaluate the strengths of your case and may be able to win you a more favorable outcome.

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