Florida DUI Intoxilyzer Evidence Put Into Question

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the recent rulings on Florida DUI Intoxilyzer evidence and how it may benefit those arrested for DUI.

Issue:

Florida utilzies the Intoxilyzer 8000 to provide evidence of Driving Under the Influence (DUI).    The Intoxilyzer 8000 is an infrared spectrometry breath alcohol instrument that measures levels of intoxication by blowing into a tube connected to the device.  In Florida, a blow of over .08 is considered to be over the limit.

Now, the Intoxilyzer 8000 is coming under attack by criminal defense attorneys and DUI experts who are challenging the legitimacy and accuracy of the results produced from the machine.  In fact, the forensic test is being challenged in Pinellas, Hillsborough, and Sarasota counties just to name a few.

Because of the legal challenges, judges in two Florida counties (Orange and Osceola) will not allow Intoxilyzer evidence in a DUI case.  The legal challenges continue to mount against the device while the Florida Department of Law Enforcement (FDLE) continues to defend the device which provides critical evidence for prosecutors to pursue those arrested for DUI.

Why This Matters To You:

Without a breath test measurement, the State Attorney is without a critical piece of evidence to convict someone accused of DUI.

The challenges to the Intoxilyzer 8000 are more than just legal wrangling.  There are serious unanswered issues around the machine and its manufacturer that have not been answered while the evidence continues to be used to convict those accused of DUI.  For example, the Intoxilyzer 8000 takes two readings for every breath test and also measures a control test before and after the test subject’s blow, but there is no way to be certain that even the control test is accurate.  Further, there are 40 pieces of data that go into generating a breath test result from the machine - unfortunately, all of that data is deleted after the results are generated.  As with any normal scientific procedure, a margin of error would be available - not so with the Intoxilyzer 8000.  As well, CMI, the manufacturer of the device, has failed to allow attorneys to review the source code or software that runs the Intoxilyzer 8000 citing trade secrets.

As criminal defense attorneys continue to attack the Intoxilyzer 8000, more and more judges may stop relying on the evidence it produces.  This would leave prosecutors with only the observations of police officers and witnesses to rely on for a conviction.


What To Do Next:

If you have been arrested for DUI or other drug related crimes contact a St. Petersburg DUI Attorney to discuss possible defenses and specific strategies that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation.  The Morris Law Firm can help and has specific knowledge and experience in defending DUI offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).

Labor Day DUI Crackdown Could Cause Bad Arrests in Florida

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the U.S. Department of Transportation’s DUI Crackdown and how it could cause bad arrests.

Issue:

The U.S. DOT’s nationwide Labor Day Crackdown on DUI, “Drunk Driving. Over the Limit. Under Arrest.” is certain to affect local law enforcement’s activities.  Oftentimes, when spurred by government programs, this year in particular costing $13M, and department quotas (which law enforcement will always deny), there can potentially be bad and defensible DUI arrests.

Why This Matters To You:

Nationwide crackdowns can influence the behavior of local law enforcement.  Oftentimes, though they may deny it, local police departments and the Florida Highway Patrol (FHP) will coordinate their efforts around a campaign like the U.S. DOT’s Labor Day DUI Crackdown.

In many cases, quotas may be assigned, and although they are unwritten, or disguised as “suggestions” or “guidelines” – the meaning is clear to the officer.  The effects of such quotas, especially when under the larger umbrella of a nationwide crackdown, can be significant and lead officers to make DUI arrests where under other circumstances there may have been insufficient evidence to do so.

Take for example an Inside Edition investigation that focused on the Lakeland Police Department.  The same police officer pulled over and arrested two separate individuals within months of each other – both of whom informed the officer that they had nothing to drink – and both were arrested and taken to jail for DUI.  After blood and breath alcohol tests in both cases that were negative, charges were ultimately dropped.  This same police department was found to have a “performance standard” that required officers to make 10 DUI arrests per month.  Imagine what that “performance standard” (or quota) is during a “Nationwide DUI Crackdown” supported by the government - and are all of those DUI arrests justified?

Clearly there could be cases during the Labor Day DUI Crackdown where bad DUI arrests could be made given the pressure of the nationwide campaign, local law enforcement quotas, and federal funding provided to law enforcement agencies who participate.  Retaining a criminal defense attorney is important if you believe you have been arrested on bad DUI charges.

In many DUI cases there are potential defenses that may be utilized to reduce the charges, or even have the charges dropped altogether:

·         Lack of Evidence

·         Procedural Issues

·         Failure to Read Miranda Warnings

What To Do Next:

If You Have Been Arrested for DUI:

·         Do not speak to the police - ask to have an attorney present.

·         Do not give a written statement – again, ask to have an attorney present.

·         Contact an attorney immediately.

You only have TEN (10) DAYS after your arrest to file a motion to challenge the administrative suspension of your license.  You must act within ten (10) days of your arrest to challenge this administrative suspension.  Hiring an attorney immediately to challenge the suspension and to negotiate on your behalf with the State Attorney’s Office gives you the best chance of avoiding criminal charges.

If you have been arrested for DUI in St. Petersburg or Clearwater, Pinellas County, or Tampa, Hillsborough County, or Bradenton, Manatee, Polk, Pasco, or Sarasota Counties, FL contact a St. Petersburg DUI Attorney to discuss possible defenses that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation.

U. S. Department of Transportation Announces Nationwide Enforcement Crackdown on Drunk Driving Includes Florida

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the recent announcement from the U.S. Department of Transportation on a DUI Crackdown through Labor Day, and what you should know if you’ve been arrested for DUI.

Issue:

The National Highway Traffic Safety Administration (NHTSA) recently released a report that indicated at least 17 million people have driven drunk during the course of one year, or 8 percent of all drivers.  This data was used to underscore the U.S. Department of Transportation’s (DOT) announcement of their nationwide enforcement crackdown on Drunk Driving that will run through Labor Day.

Why This Matters To You:

The U.S. DOT’s “Drunk Driving. Over the Limit. Under Arrest.” campaign was kicked off today supported by a $13M advertising and awareness budget from the NHTSA.  The campaign also focuses on underage drinkers and emphasizes the zero tolerance policy for those under 21.

The NHTSA further specified that 20 percent of survey respondents reported driving within two hours of drinking alcohol.  It was also reported that younger drivers drink more – up to 6 beverages – before getting behind the wheel.

This data is being used by the U.S. DOT to rally State and local law enforcement to focus on catching those driving under the influence through Labor Day.

Driving Under the Influence is a serious issue and should be avoided at all costs.  That said, when nationwide crackdowns are in place, the wide net can often catch those with defensible cases.

What To Do Next:

If you have been arrested for DUI, contact an experienced criminal defense attorney before communicating and making statements to any law enforcement agencies or the State Attorney’s Office.  Contact the Morris Law Firm at (727) 388-4736 for a Free Initial Consultation.

The Morris Law Firm, St. Petersburg DUI Attorney, is focused on defending DUI offenders and St. Petersburg Zero Tolerance DUI Attorney can help those under 21 arrested for DUI.  Melinda Morris, managing partner of the Morris Law Firm is a former State Prosecutor and experienced criminal defense attorney.  The Morris Law Firm will fight for your rights and defend your case seeking to minimize any negative impact on you.  The Morris Law Firm can help and has specific knowledge and experience in DUI defense for clients throughout Pinellas County and the entire Tampa Bay, FL area (St. Petersburg, Tampa, Hillsborough, Pasco, Manatee, Sarasota, and Polk).

Next Steps After a DUI Refusal in St. Petersburg and Pinellas County FL

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the next steps to take after a DUI Refusal in St. Petersburg, Pinellas County Florida.

Issue:

If you are pulled over for a DUI traffic stop in St. Petersburg, Clearwater, or anywhere in the Pinellas County (Tampa Bay) area you have a choice whether or not to submit to Field Sobriety Tests and a Breathalyzer test (sometimes referred to as a chemical test).  No driver is required to take the tests under Florida law despite what an officer may say or imply during a traffic stop.  Your choice to refuse DUI field sobriety tests and a breathalyzer test can have a significant impact on your case.

Why This Matters To You:

The State of Florida (and specifically the Department of Motor Vehicles) considers driving to be a privilege, not a right.  Thus, if you are stopped for DUI and refuse Field Sobriety Tests (FSTs) and/or a Breathalyzer test, and are ultimately arrested for DUI (based on the arresting officer’s suspicion), the Department of Motor Vehicles (DMV) will automatically suspend your license for at least 90 days after which you may be able to apply for a hardship license.  Even if you are not ultimately convicted, the DMV will still suspend your license, and may potentially extend the suspension based on your refusal to submit to DUI testing.

On the other hand, your refusal takes away the prosecutor’s potential evidence against you in the DUI case.  Without field sobriety test evidence (which is in most cases videotaped and presented in court) and breathalyzer evidence of your impairment, the State Attorney’s Office is forced to prove that you were impaired to drive beyond a reasonable doubt.   In many cases, the lack of empirical evidence of your impairment improves the ability to defend and ultimately win your case.

Based on a DUI refusal there are several potential defenses in your DUI case:

1)    Driving - being intoxicated will not classify a DUI charge; the prosecutor must be able to prove the defendant was actually driving. This may be challenging, especially when accidents are involved.

2)    Probable Cause - proof will be inhibited if the law enforcer did not have legal cause to halt, impede, and detain.

3)    Miranda - convicting declarations may be inhibited if restraints were failed to be mentioned at the proper time.

4)    Implied Consent Warnings - if the law enforcer did not warn you of the penalties of declining to take a chemical test, or gave it inaccurately, this may affect acceptability of the test results -- as with the license suspension obliged by the motor vehicle division.

5)    Illegal Stop – if the law enforcement officer did not have a legal reason to stop you in the first place.

What To Do Next:

If You Are Pulled Over for Driving Under the Influence (DUI):

1.    Refuse any Field Sobriety Tests (FSTs) and/or Breathalyzer tests (know and fully understand the consequences of this action on your driver’s license noted above)

2.    Don't speak to the police - ask to have an attorney present.

3.    Don't give a written statement – again, ask to have an attorney present.

4.    Contact an attorney immediately.

You only have TEN (10) DAYS after your DUI arrest to file a motion to challenge the administrative suspension of your license.  Hire the Morris Law Firm as your DUI Attorney and we will aggressively fight your administrative suspension.  For most people arrested for DUI the suspension of their driver license is one of their biggest concerns.  You must act within ten (10) days of your arrest to challenge this administrative suspension.

If you have been arrested for DUI in St. Petersburg, Pinellas County, or Tampa, Hillsborough County, FL, contact a St. Petersburg DUI Refusal Attorney to discuss possible defenses that may exist in your case. Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney.