Category Archives: DUI Test

Suppressing the DUI Intoxilyzer 8000 Results for a Lack of Substantial Compliance

The goal for the attorney in a DUI case involving a breath test reading over .08 is getting the breath test result thrown out of evidence. In order to get the breath test results thrown out, the DUI defense attorney can file a motion to suppress the breath test reading when the machine used during […]

Florida’s FDLE Alcohol Testing Program – Don’t Follow the 11D-8 Rules? Rewrite the Rule. Repeat.

“Only sometimes when we pick and choose among the rules we discover later that we have set aside something precious in the process.” – Helen Simonson, Major Pettigrew’s Last Stand Matthew Malhiot recently wrote an article discussing how the Florida Alcohol Testing Program (ATP) violated Chapter 11D-8 F.A.C. rules when it failed to conduct department […]

Watch Out for Falling Surge Protectors – More Problems with the Intoxilyzer 8000

When Florida purchased the Intoxilyzer 8000 it needed an easy way to show a jury that the machine worked. To do this, officials with the State of Florida worked with the manufacturer of the machine to designed a series of monthly tests. The monthly test is called the “Agency Inspection.” At trial the prosecutor admits […]

The DUI Officer Can’t Hold You Down While They Jab a Needle Into Your Arm (at least not without a warrant)

Missouri v. McNeely has been decided. We can all breath a sigh of relief that the United States Supreme Court has affirmed the judgment of the Missouri Supreme Court. The case holds that in a DUI investigation, “the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to […]