Florida DUI Online Breath Test Calculator

This is an Estimate Only. Do not base a decision to Drink and Drive on a calculator. Our experience tells us that alcohol on your breath plus a DUI Traffic Stop usually results in an arrest for Driving Under the Influence DUI. You can complete the following items, then press calculate to obtain the Breath Alcohol Concentration estimate:

The following answers are estimates.

Estimates are provided for educational purposes only. Do not use these estimates as a basis for making a decision about drinking or driving. For information about the formulas used in this estimate see below. For information about using this see the AODWiki eBAC Calculator discussion below.

Florida Standard Jury Instruction for DUI Breath Alcohol

Tampa Florida DUI Attorney presents the Florida Jury Instruction that informs DUI trial jurors of the significance  of a breath test BRAC result that has been properly obtained by law enforcement. Defending DUI Breath test cases involves a full investigation that the breath samples were obtained in compliance with the Constitution, Laws, Statutes, Rules, and Regulations applicable to Search and Seizure and collection of breath samples. Documentation of most, if not all data uploaded from Florida's Intoxilyzer 8000 machines, correspondence from the Florida Department of Law Enforcement breath test officials, and correspondence from CMI, the manufacturer are available online. Data from Intoxilyzer machines used in Florida is covered here. 

"If you find from the evidence that while driving or in actual physical control of a motor vehicle, the defendant had a blood or breath-alcohol level of .08 or more, that evidence would be sufficient by itself to establish that the defendant was under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired. But this evidence may be contradicted or rebutted by other evidence demonstrating that the defendant was not under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired."

Source:  316.1934, Florida Statutes (2009), and the Florida Supreme Court.

DUI Video - Breath Test in Florida

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DUI Attorney, Casey Ebsary has spent years as a DUI Prosecutor using breath tests to convict people charged with DUI. For the past 10 years he has defended people whom the State attempts to convict of Driving Under the Influence.  The video below shows what can sometimes happen, when a lawyer investigates the Intoxilyzer 8000 (tm) breath Machine, The Intoxilyzer is only breath testing machine used in Tampa, Florida, DUI cases. This 2 minute tour views the machine from the inside out, covers numerous software revisions and documents leaking tubing inside of a machine recently evaluated.

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Video Summary: Florida DUI Breath Testing inside video of Intoxilyzer 8000 (tm) breath testing machine. This production is one of a series of videos, narrated by Florida DUI Attorney, W F Casey Ebsary Jr and gives you an inside look at breath testing procedures used for DUI in Tampa, Hillsborough County, Florida. Casey Ebsary is a Trial Lawyer and a former Prosecutor, defending DUI charges for over 10 years. Video Courtesy of http://www.DUI2Go.com . There is a presumption of impairment when a breath test of over .08 is used at a trial. Due to the importance of these jury instructions, it is prudent to carefully investigate the machine used to perform the test. I have access to the calibration data and test results reported by each law enforcement agency, uploaded by each breath machine.

Florida Standard Jury Instruction for Driving with Unlawful Breath Alcohol Level | DUBAL

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1. If you find from the evidence that the defendant had a blood or breath alcohol level of 0.05 or less, you shall presume that the defendant was not under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired.

2. If you find from the evidence that the defendant had a blood or breath alcohol level in excess of 0.05 but less than 0.08, you may consider that evidence with other competent evidence in determining whether the defendant was under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired; or

3. If you find from the evidence that the defendant had a blood or breath alcohol level of 0.08 or more, that evidence would be sufficient by itself to establish that the defendant was under the influence of alcohol to the extent that [his] [her] normal faculties were impaired. However, such evidence may be contradicted or rebutted by other evidence demonstrating that the defendant was not under the influence to the extent that [his][her] normal faculties were impaired.

These presumptions may be considered along with any other evidence presented in deciding whether the defendant was under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired.

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DUI Tampa Attorney Florida Lawyer

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