I heard from someone here in Palm Beach, Florida that there are things that can lead into the inaccuracy of the Intoxilyzer 8000 that is used as a breath test machine in DUI cases. What are the reasons that can cause an inaccurate result of the Intoxilyzer 8000?

Janice

Palm Beach, FL

If the Intoxilyzer 8000 is used as a breath test in Palm Beach, Florida, it is said that the results of this test is inaccurate. There are several reasons why the Intoxilyzer 8000 could have inaccurate results when reporting a driver’s blood alcohol concentration. The common reason for the inaccuracy of the Intoxilyzer 8000 include: operation of the machine by unqualified person, operation by someone who is unlicensed, interference of radio frequency, contamination of mouth alcohol, malfunction of the machine and internal body temperature inaccuracy.

It would always be to the driver’s benefit to speak with a qualified DUI lawyer because the breath test results from the Intoxilyzer 8000 could be inaccurate. A DUI lawyer could review the test results, speak with the law enforcement, investigate the conditions of the breath test, and question the person who administered the breath test.

The arraignment for my DUI charge in Palm Beach, Florida was scheduled yesterday. The police officer didn’t show up at the hearing. Will my DUI case be dismissed and is it true that I should have refused the breath or blood alcohol test?

Kathleen

Palm Beach, FL

No, it is not true that you should have refused the breath or blood alcohol test. In Palm Beach, Florida, you must never refuse to submit to a chemical test. Even if your DUI charge is entirely dismissed, your driver’s license will automatically be suspended for one year pending a refusal to consent to a breath or blood alcohol test. Although a good DUI defense lawyer would attempt to refute an allegation of “consciousness of guilt” for refusing a chemical test, the prosecution will likely use your refusal against you and they would claim that your refusal was due to high blood alcohol content.

In regard to the officer not showing on court on your first court date, your DUI case will not be dismissed. That’s because a DUI is not considered a traffic infraction, rather a misdemeanor crime. Incidentally, the presence in court of the arresting officer is only required during the trial phase of your DUI case, not for your initial court hearing.