Hillsborough County Judges Deciding Validity of DUI-Breath Test Machine

Many of Jacksonville’s citizens face challenges every day in their lives, from work struggles to family crises. However, one does not need to undergo the struggle of facing a DUI charge, or the struggle one might face in fighting a test that is inherently inaccurate. If one has been arrested for a DUI, one should obtain an experienced attorney to fight the case and ensure one’s rights are protected.

According to Fox 13 News Tampa Bay, attorneys in Hillsborough County are questioning the validity of a commonly used breath-alcohol testing machine that has been used by law enforcement for years, but is now in the legal hot seat. The machine is called the Intoxilyzer 8000. The major claim is that the breathalyzer’s “flow sensors” are producing impossible results. imagesbreathmachine.jpg

Many DUI crimes in Jacksonville involve an officer attempting to administer an exercise or test to determine whether one has been driving impaired. For many years, the use of breath tests that attempt to read one’s blood alcohol level, where assumed to be accurate and have been used to convict many of Jacksonville’s citizens. However, the invalidity of these tests may offer a greater defense to a DUI charge.

According to article, the Hillsborough County attorneys questioning the machine, The Florida Department of Law Enforcement, which oversees the breathalyzer machines, knew there was a problem for years, but failed to properly use the process already in place to test the machines or do anything about reporting error in the machines.

Laura Barfield with the FDLE spoke to the contrary, testifying in court that the machines are accurate. She says if the “flow sensor” does not accurately calibrate how much air a driver blows into the machine, the machine rejects the results. State records show the flawed breath machines stayed in the system for years, unquestioned.

Florida State rules governing how the machine is properly tested do not require inspectors to test the flow sensor; however, attorneys are working to change the process so that the flow sensor does become part of the list of parts to be inspected on the machine. The DUI breath machines were also challenged in Sarasota, but that challenge was struck down by a panel of judges.

Nobody plans to get a DUI. Most people are just trying to get home. The best advice any lawyer can give is to not drive after you have consumed any alcohol. Find another way to get home or stay off the roads. One’s best advice is to never drive when one has consumed alcohol.

The only logical choice in this situation is to fight. One needs a knowledgeable and experienced Jacksonville DUI defense attorney to fight the case and ensure one’s rights are protected. Do not allow a DUI charge to ruin a bright future, away from the troubles of the legal system.


The Forbess Law Firm has been aiding clients who face criminal charges in Jacksonville for years and is here to provide aggressive criminal defense to anyone accused of a crime. If you or a loved one requires a Jacksonville criminal defense lawyer, contact our firm today. We are available through our website or by calling us at 904-634-0900.

Additional Sources: Attorney questions DUI breathalyzer accuracy, Gloria Gomez, FOX 13 News