WHAT HAPPENS IF YOU GIVE A BREATH SAMPLE?

So what happens if you give a sample of breath, you ask? To put it simply, you have probably asisted the State of Florida in securing a conviction! From viewing the booking blotter at the Sheriff of Palm Beach County's website one would conclude that most D.U.I. defendants give breath samples. Why? Probably it has to do with desiring to make the cop happy or is similar to a complusion to confess in order to relieve one's mind. I am not a psychologist but I would guess the two aforementioned reasons are right up there!

Now you have blown and the reading is in excess of .08. Maybe a .16, or .24 or .316 or even higher. Yes, I have seen them all. What is one to do? Your chances are slim to none. Yes, there are possible stop issues which always should be considered, but quite frankly I USUALLY know as I am speaking to the client whether the "stop" issues are valid. If the stop is good then how can the blow be excluded from the case. The intoxilyzer 8000 is now in use in Palm Beach County Florida and elsewhere for that matter. The machine has to be calibrated and subjected to monthly maintenance . Records are required to be kept on the maintenance as well as who blows and what they blow.

There has been a cottage industry of "expert witnesses" regarding the reliablity of the machine. Yes, these hired guns are usually former law enforcement officers themselves. They will, usually for a SUBSTANTIAL FEE, come to court and testify that ABC and D was wrong with the machine on the day in question. Or, testify that a slice of white bread will register on the intoxilyzer( actually, I did see a slice of white bread register on a 5000). They will testify that the machine can be manipulated by the operator ( I once attended a seminar where the speaker, an "expert witness" admitted that he manipulated results of DUI defendants while he was a law enforcement officer). Of course, all this pre-supposes that there is not a videotape of the driver falling down drunk or sleeping in the chair in front of the intoxilyzer( Yes, I have actually had clients fall asleep in the chair on the videotape).

HOWEVER, keep in mind that a jury is completely free to disregard the testimony of the "expert" and convict the defendant anyway. What happens then? Well, the client has paid the attorney in full and paid the expert witness up front and now he faces sentencing on the D.U.I.


More on sentencing later! You may reach me at 561-616-8700. You may visit my website at http://www.floridaduilawyer.com/ or e-mail me at DUITIM@floridaduilawyer.com.

Copyright 2008