“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|
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:
Do not use these estimates as a basis for making a decision about drinking or driving.
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:
Source: 316.1934, Florida Statutes (2009), and the Florida Supreme Court.
|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
How Does the Online Calculator Determine BAC?
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.
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.
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