Breath Test

Understanding Florida DUI Breath Alcohol Levels

Introduction

Florida DUI cases involve assessing a defendant’s blood or breath alcohol level to determine if they were under the influence of alcoholic beverages. The legal framework for this assessment is outlined in the Florida Standard Jury Instructions, and it’s important to understand the significance of different alcohol levels. This article also explores an online breath test calculator and the formula used to estimate Blood Alcohol Concentration (BAC).

 “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”

Florida DUI Online Breath Test Calculator

Florida DUI Online Breath Test Calculator

While the jury instructions provide legal guidance, individuals may want to estimate their BAC before making decisions about drinking and driving. The Florida DUI Online Breath Test Calculator is a tool that can help estimate BAC. However, it’s essential to remember that this tool provides estimates for educational purposes only and should not be used as a basis for making decisions regarding drinking and driving.

To use the calculator, you need to input the following information:

  1. Fluid Ounces Consumed: Specify the type and quantity of alcoholic beverages you’ve consumed.
  2. Percent Alcohol: Indicate the alcohol percentage in your chosen drinks.
  3. Your Weight in Pounds: Enter your weight.
  4. Hours Consuming Drink: Provide the total time you’ve been drinking.

The calculator then estimates your BAC percentage based on these inputs.

Online Breath Calculator - Estimates are provided for educational purposes only. Do not use these estimates as a basis for making a decision about drinking or driving.
Online Breath Test Calculator
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.
Do not drink and drive.
Estimate Your Blood Alcohol Concentration
Enter the Fluid Ounces Consumed. For example a single Beer is usually 12, a glass of Wine is usually 5, 1 Shot is usually 1.5)

Percent Alcohol. For Example Beer is usually 4-5%; Wine is usually 15-20%; 1 Shot of hard liquor is usually 30-50%

Your Weight in Pounds

Hours Consuming Drink. Total Time since you started drinking.


Estimated BAC Percentage

BAC Analysis

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.

Do not use these estimates as a basis for making a decision about drinking or driving.

 

Florida DUI Standard Jury Instructions

In DUI cases in Florida, the defendant's BAC plays a crucial role in determining their level of impairment. The Florida Standard Jury Instructions provide guidance for jurors:

  1. BAC ≤ 0.05: If evidence shows the defendant had a blood or breath alcohol level of 0.05 or less, it is presumed that the defendant was not under the influence of alcoholic beverages to the extent that their normal faculties were impaired.
  2. 0.05 < BAC < 0.08: If evidence shows the defendant had a blood or breath alcohol level in excess of 0.05 but less than 0.08, jurors may consider this evidence along with other competent evidence to determine impairment.
  3. BAC ≥ 0.08: If evidence shows the defendant had a blood or breath alcohol level of 0.08 or more, this is sufficient by itself to establish that the defendant was under the influence of alcohol to the extent that their normal faculties were impaired. However, this evidence may be contradicted or rebutted by other evidence demonstrating the defendant was not under the influence to that extent.

These instructions help jurors make informed decisions in DUI cases based on the defendant's BAC.

E-BAC Formula

The online calculator uses the E-BAC formula to estimate BAC:

BAC Estimate = ((standard drinks / 2) * (gender constant / weight)) - (0.017 * hours)

  • The gender constant is 9.0 for females and 7.5 for males.
  • Weight is measured in pounds.
  • Hours represent the duration over which alcohol is consumed and metabolized.

It's crucial to recognize that this formula is a mathematical estimation and may not account for all individual variations in alcohol metabolism. Metabolism rates can range from 0.010 g/dl to 0.04 g/dl per hour.

Conclusion

Understanding the significance of different BAC levels in Florida DUI cases is essential for both jurors and individuals making decisions about drinking and driving. While online breath test calculators provide estimates, it is crucial to remember that they are for educational purposes only and should not be used as a basis for making decisions related to drinking and driving. DUI cases require a thorough investigation to ensure that breath test results are obtained in compliance with the law, and the Florida Standard Jury Instructions provide guidance for jurors in determining the defendant's level of impairment based on their BAC.

 

Florida Standard Jury Instruction for DUI Breath Alcohol

Florida Standard Jury Instruction for DUI Breath Alcohol
Florida Standard Jury Instruction for DUI Breath Alcohol
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. 

The Florida Supreme Court has proposed the following instructions to jurors deciding DUI cases:

"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 florida dui, Online Breath Test, Online Breath Test Calculator
Online Breath Test Calculator
DUI Video - Breath Test in Florida

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.

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

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.

How Does the Online Calculator Determine BAC?

E-BAC formula
From AODWiki

The AODWiki BAC Calculator (working example found here (http://aodwiki.org/ebac/ebac.htm)) uses the following formula to estimage BAC:

BAC Estimate = ((standard drinks / 2) * (gender constant / weight)) - (0.017 * hours)

The gender constant is 9.0 for females and 7.5 for males. Weight is measured in pounds, and hours is the number of hours over which the alcohol is consumed and metabolized. We are adopting the metabolism rate of 0.017 g/dl per hour which is reported by NHTSA to be the average rate. However, metabolism rates can vary from 0.010 g/dl to 0.04 g/dl.

This formula was offered by Matthews and Miller (1979)1 and described within the paper by Hustad and Carey (2005)2. Hastad and Carey found that this formula yielded the highest level of agreement between estimated BACs and breath alcohol tests among college students, using self-reported drinking, time and weight variables. It is important to remember that many factors can affect the accuracy of this formula including variations in absorption and metabolism rates. The Matthews and Miller formula differs slightly from the NHTSA BAC formula. Further, the alcohol content of drinks varies. Click here for a discussion on the definition of Standard Drinks.

References

Mathews, D.B., and Miller, W.R. (1979). Estimating blood alcohol concentration: Two computer programs and their applications in therapy and research. Addictive Behavior, 4, 55-60.
Hustad, J.T.P., and Carey, K.B. (2005). Using calculations to estimate blood alcohol concentrations for naturally occurring drinking episodes: A validity study. Journal of Studies on Alcohol, 66, 130-138.

Retrieved from "http://aodwiki.org/index.php/E-BAC_formula"

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