Challenging DUI Charges in Florida: The Breathalyzer Calibration Defense Strategy and Understanding the Stages of a Florida DUI Criminal Case

In the state of Florida, driving under the influence (DUI) is a serious offense carrying severe penalties. However, not all DUI charges are indisputable; some could be effectively challenged using certain defense strategies. One such strategy involves the improper calibration or maintenance of breathalyzer equipment used during the arrest.

Florida Statute Section 316.193, the Florida DUI statute, outlines that individuals are guilty of DUI if they are in physical control of a vehicle and are under the influence of alcohol or certain substances such that their normal faculties are impaired, or if their blood or breath alcohol level is 0.08 or more. One key method used by law enforcement to determine the latter is the breathalyzer test.

A breathalyzer test's accuracy relies heavily on proper calibration and maintenance. If improperly maintained or calibrated, the device may produce inaccurate results. This is where the breathalyzer calibration defense strategy comes in.

In Florida, defense attorneys could argue that the breathalyzer used was improperly calibrated or maintained, and therefore, its results are unreliable. This argument could potentially lead to the dismissal of charges if successful. It's important to note that Florida Administrative Code Rule 11D-8 contains guidelines for breathalyzer test administration and equipment maintenance, and any deviation from these guidelines could be grounds for this defense.

To effectively use this defense, it's crucial to understand the various stages of a DUI criminal case in Florida.

  1. The Arrest: An officer stops a vehicle for suspicion of DUI, administers a field sobriety test and/or a breathalyzer test, and if there is probable cause, makes an arrest.
  2. The Arraignment: The defendant is formally charged with DUI, and they enter a plea of guilty, not guilty, or no contest.
  3. Discovery and Motions: During this phase, both sides gather and share evidence. This is when the defense could request records pertaining to the breathalyzer machine's maintenance and calibration.
  4. Pre-trial Hearing and Negotiations: Potential plea deals are discussed, and motions are heard. If the defense has strong evidence about the breathalyzer's improper calibration, the charges might be reduced or dismissed at this stage.
  5. Trial: If no agreement is reached, the case goes to trial. Here, the defense presents evidence and arguments about the breathalyzer's reliability.
  6. Verdict and Sentencing: If the defendant is found guilty, sentencing occurs, usually at a later date.

The potential penalties for a Florida DUI can be severe and life-altering. Under Florida Statute Section 316.193, first-time DUI offenders can face a fine between $500-$1000, up to 6 months in jail, probation, mandatory 50 hours of community service, and suspension of their driving privileges. The severity of penalties increases for repeat offenders or if the DUI incident caused property damage, personal injury, or death.

Breathalyzer equipment is a critical tool in the law enforcement arsenal when combating DUI. However, like any other scientific instrument, its reliability is heavily dependent on proper calibration and maintenance. When a breathalyzer is not correctly calibrated or maintained, it could result in inaccuracies that jeopardize the validity of the breath test results. This could even lead to false positives, which can unjustly lead to DUI charges.

Florida Administrative Code Rule 11D-8.002, for example, mandates that all breathalyzer devices must undergo regular inspection every calendar month and be under the responsibility of a permit holder trained in maintenance procedures. The rule further states that any device found to be out of compliance during an inspection must be immediately removed from service until it can be correctly calibrated.

In addition to the breathalyzer equipment's physical state, the method of administration of the test can also influence the accuracy of the results. An officer must observe the suspect for a minimum of 20 minutes before administering the test to ensure that the suspect does not ingest anything, regurgitate, or smoke, as these could affect the test results (Florida Administrative Code Rule 11D-8.007).

Given the potential for inaccuracies, it's crucial for those charged with DUI to consider the breathalyzer calibration defense strategy. To do this effectively, an attorney might:

  1. Request maintenance and calibration records: Records showing the breathalyzer’s history of calibration and maintenance can be crucial in identifying any issues with the device's accuracy.
  2. Examine administration procedure: The manner in which the test was administered can also be questioned. If the officer didn’t follow protocol, it could lead to the dismissal of the test results.
  3. Consult with an expert witness: An expert can provide testimony about the limitations and potential inaccuracies of breathalyzer tests.

The breathalyzer calibration defense is a technical and complex strategy that requires a keen understanding of Florida's DUI laws and breathalyzer equipment. An attorney who focus their practice in Criminal defense law will have the requisite knowledge to navigate this strategy effectively.

A DUI charge does not necessarily guarantee a conviction. The breathalyzer calibration defense strategy is one viable method to contest these charges in Florida, provided the evidence supports the claim. An experienced DUI defense attorney can navigate the complex process and use this or other defense strategies to work towards the best possible outcome for the defendant.

Remember, this article is not legal advice. If you're facing DUI charges, consult with a Musca Law DUI Defense lawyer who has the experience you need under Florida DUI law.

Have you been charged with a DUI in Florida? It's critical to act immediately and equip yourself with an experienced defense team. Musca Law, P.A. has the expertise and knowledge to help you navigate the complexities of Florida DUI law and work towards the most favorable outcome. With us, you're not just a case number; you're a valued client deserving dedicated and personalized legal representation. Don't hesitate. Our legal team is available 24/7, ready to answer your questions and start building your defense. Take control of your situation now. Call us toll-free at 1-888-484-5057. The strength of your defense starts with Musca Law, P.A.

References:
Florida Administrative Code Rule 11D-8.002: Breathalyzer Device Maintenance Procedures
Florida Administrative Code Rule 11D-8.007: Breath Test Operator Administrative Rules
Florida Statute Section 316.193: Driving Under The Influence 
Florida Administrative Code Rule 11D-8: Rules for Breathalyzer Test Administration and Equipment Maintenance