Written by Top Avvo-rated Tampa DUI Attorney John S. Castro 10/13/2011
Thousands of people in Florida convicted of DUI may not have been drunk at all. They very well may have been under the allowable blood alcohol limit. The problem may have been law enforcement not calibrating the breathalyzer called the Intoxilyzer 8000.
Now, the 10 News Investigators have uncovered documents and emails that prove the state knew there were problems and didn’t do anything to correct it for more than two and half years.
The 10 News Investigators obtained letters where a Sarasota deputy noticed there was a problem recording breath samples and breath flow levels as far back as 2007. He wrote in his notes that he even alerted an inspector who agreed there was a problem.
Those notes prompted an email from the head of the breath testing program, Laura Barfield, telling inspectors not to write down flow sensor problems in their field notes.
This information potentially has a huge impact on the validity of a DUI conviction. I suggest anyone convicted of DUI using the breath test over the past few years they may want to talk to their lawyer.
Have you been convicted of a DUI? Was your breathalyzer test accurate? Fill out the form for a free consultation with Tampa DUI attorney John Castro to find out. To understand what happens after a DUI arrest in Florida, read more about how a Tampa DUI lawyer can help you through the two main processes of a DUI. Breathalyzer test results are an important detail in any DUI case, from a first time DUI in Florida to a repeat offense. In light of these findings, having them reviewed for accuracy could have an impact on many DUI cases.
