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Breath Test Over 08, Breath Test Refusal, Commercial DUI

Broken Breath Machine Means No DUI Conviction

March 25, 2018July 10, 2018 W F Casey Ebsary Jr

The Case of the Bad Breath Machine

If the State does not prove intoxication, there is no DUI conviction. Recently, we at DUI2Go encountered a tough case where the driver had blown into an Intoxilyzer 8000 breath machine and exceeded the legal limit in Florida of .08. Fortunately, our office has access to the logs of all breath test given by all machines in Florida and the maintenance records of these machines. As a result, we are sharing some of the Florida Department of Law Enforcement Intoxilyzer 8000 files. This is the Florida Department of Law Enforcement Alcohol Testing Program Intoxilyzer 8000 Operational Procedures also known as Form 37. In addition, the Florida Department of Law Enforcement also uses Form 38 Breath Alcohol Test Affidavit. Finally, there is some great information in the Alcohol Testing Program Intoxilyzer® 8000 Reference Guide.

The Accuracy of Intoxilyzer 8000 in Court

Before 2014, often the state did not present scientific evidence of the machine’s accuracy. Recently, a Florida Driving Under the Influence court ruled in State v. Garcia, (20th Cir Aug 20, 2014) that the State Attorney must establish the admission of an Intoxilyzer Breath Test result. Prosecutors must use the traditional scientific predicate to introduce breath test results from Intoxilyzer 8000 in a trial. The court ruled that it could not determine whether the modified Intoxilyzer 8000 used in Florida was same machine/instrument approved by NHTSA ( National Highway Traffic Safety Administration ) for use in Florida.

Sometimes we uncover broken Intoxilyzer 8000 breath machines. We reviewed this official FDLE Form 41 Department Inspection Report records of this machine. The machine had not passed the post-inspection Diagnostic Check. The instrument does not comply with Florida Administrative Code Chapter 11D-8. In addition, after failing its monthly inspection there was no evidence of repairing the machine. Notably, the machine returned to service without any repair record.

No Proof, No DUI Conviction

When the Intoxilyzer 8000 has not been maintained, the results may be thrown out. Without that evidence, it is difficult for the state to prove your guilt. Sometimes the state will offer a reduced charge of reckless driving does not carry the risk associated with a DUI conviction. If you have another DUI conviction later, your prior convictions enhance your penalties. Your conviction penalties may include; fines, ignition interlock device, license suspension or revocation and jail or prison. Multiple DUIs can carry mandatory jail time. Once a driver has three or more DUI convictions, it becomes a felony.

Breath Test Over 08, Clearwater, Save My License

DUI in Clearwater Florida

March 5, 2018April 7, 2018 W F Casey Ebsary Jr

Florida Driver’s License Suspension Hearings. First of all, here is the Bureau of Administrative Reviews located in Clearwater, Florida. Most noteworthy, the office handles license suspension hearings for Pinellas, Pasco, and Hernando Counties. Florida suspends licenses for a number of reasons. Furthermore, drivers regain driving privileges here after being charged with a DUI in Clearwater. Also, drivers can also obtain a Business Purposes Only license here. Finally, is your License Suspended? Call Casey at (813) 222-2220.

Mandatory Field Sobriety Testing Imposed in Clearwater, Florida

Clearwater DUI Arrests, New Policy on Clearwater DUI Arrests, Sean Allaster, Nicholas Capogna, David Young , Sgt. Sean Allaster, Officer Nicholas Capogna, Sgt. David Young.

Before 2014, the attending officer had discretion in giving the roadside field sobriety tests (FST). Furthermore, these FST are usually “failed.” Early on January 23, 2014, two Clearwater DUI cops found the DUI driver was a fellow officer. They decided to give him a ride home with no FST. The public found out on April 29, 2014, when the Tampa Bay Times reported it. As a result, Clearwater police Chief Tony Holloway created a policy so this won’t happen again. Now almost everyone, not just suspects with a hint of alcohol on their breath can expect a run-around that almost always ends in DUI in Clearwater.

It seems like a minor punishment that these cops received 1-5 days of work suspension. But this is a major punishment for citizens. Now, most will “fail” these roadside “tests.” Later, they pass a breath test or are not guilty. Finally, here are some of the names mentioned: Seargent Sean Allaster, Officer Nicholas Capogna, and Seargent David Young. Thank you all for your service.

Clearwater Police FST Policy

The Clearwater Police Department requires EVERY officer to conduct roadside field sobriety tests EVERY time they suspect an intoxicated driver. If you need a lawyer’s help, call (813} 222-2220.

Lawyer Reports on Clearwater Police Department DUI Unit

Clearwater DUI Attorney reports that the Clearwater Police Department DUI Team is using “slick top”, video-equipped, mostly Ford Crown Victoria, marked police cruisers. Since the cars have no visible overhead emergency lights, they are harder to spot as cop cars. Also, the police primarily patrol high volume roads throughout the city for aggressive and impaired drivers. Due to the high number of DUI in Clearwater charged, all five (5) of the officers on the team have been recognized by Mothers Against Drunk Driving for their aggressive enforcement of drunk driving laws. W.F. ”Casey Ebsary, Jr., a Board Certified Criminal Trial Lawyer from Tampa is available at 877-793-9290 to assist in defending against aggressive enforcement of traffic laws.

Clearwater Sobriety Checkpoint

Police held a DUI Checkpoint on Fri Dec 22, 2017 in Clearwater, FL in the area of Ulmerton Rd & Starkey Rd

We Have Previously Reported:

Clearwater Sobriety Checkpoint, Pinellas DUI Attorney, Pinellas DUI Checkpoint

Pinellas DUI Attorney notes a Clearwater Sobriety Checkpoint Friday, October 19, 10 pm to Saturday, October 20, 3 am, at the National Aviation Academy, 6225 Ulmerton Road in Clearwater. Also, this is the first time we have seen this location used to look for DUI in Clearwater.

Pinellas DUI Checkpoint 3655 Tampa Road Oldsmar, Florida | Sep 28, 2012

Largo DUI Checkpoint | Jul 29, 2012
Pinellas Deputies and Largo Police To Conduct a Sobriety Checkpoint In Pinellas County in Largo. Deputies will conduct a DUI checkpoint tonight. Also, the Pinellas County Sheriff’s Office has zero-tolerance for driving intoxicated from drinking or drugs.

Pinellas DUI Checkpoint | Feb 19, 2012
Since there is a DUI checkpoint there will be many people charged with DUI. Also, there will be arrests driving without a valid license and driving with a suspended or revoked license.

Pinellas Holiday DUI Checkpoint | Dec 07, 2011
In an effort to reduce DUI related injuries and save lives this Holiday season, Pinellas County deputies will conduct four DUI checkpoints over the next two weekends. The sobriety checkpoints will be conducted at multiple locations.

Breath Test Over 08, DUI On Drugs

Can you get a DUI in a Tesla or self-driving car?

February 27, 2018January 6, 2022 W F Casey Ebsary Jr

What happens when an officer pulls over a self-driving car? Can the officer charge anyone with a DUI in a self-driving Tesla? Some Scholars have written about this and I thought we might review this issue. Tesla automobiles have an autopilot feature. It is not truly self-driving as Tesla has referred to it as semi-autonomous driving. Other car companies have also tried developing autopilot technology.

California Highway Patrol Charge Driver With DUI in a Tesla.

In January 2018, in San Francisco, a person in a Tesla car had an alcohol level twice the legal limit. The Tesla’s operator received a DUI. Tesla has instructed drivers using autopilot to maintain consciousness while driving. Also, Tesla tells drivers using autopilot to keep their hands on the steering wheel. In this arrest, the driver explained that the Tesla was on autopilot to the California Highway Patrol. Even with the driver’s explanation, the officer arrested and charged the driver with DUI. The California Highway Patrol tweeted that the car did not drive itself to the tow yard.

Will Florida Officers Charge Drivers With DUI in a Tesla?

Florida law prohibits an intoxicated driver from being in actual physical control of a vehicle. The car does not need to be moving at the time of a DUI arrest. Florida only requires that the vehicle is capable of being moved. The case law discusses the location of the keys and whether or not the car is operable. Under this broad definition of driving that includes the capacity of physical control of the car, it is highly unlikely the operator of a self-driving car would beat a DUI on that defense. It is probable that the court would find the driver was in actual physical control of the vehicle. Hence, some cars equipped with these automatic driving features have contracts that require the user to keep hands on the steering wheel even when the vehicle is in autopilot mode.

1st Time DUI, Breath Test Over 08

Reducing Impaired Driving Recidivism – Established DUI Diversion

February 21, 2018January 6, 2022 W F Casey Ebsary Jr

DUI Diversion Program

The Office of the State Attorney, 13th Judicial Circuit just developed their own DUI Diversion Program. Therefore, we will look at some of Florida’s already established DUI diversion programs. The 8th, 9th, 11th & 15th Circuit Courts all use DUI Diversion for a driver’s first DUI charge. Furthermore, each Circuit Court has different admission rules and distinct program requirements. Update: This Hillsborough County program started March 1, 2018. You can read about what the state’s attorney is looking for, what you might need to know, who is eligible and why you might want to be a part of this program.

Admission Requirements Are Confusing

First of all, some of the confusion of this process is shown below. Since each county has developed their program independently, the demands on the DUI driver differ. Therefore for help, call (813) 222-2220. In Orange and Osceola Counties, only legal U.S. residents can join the DUI Diversion Program. As a result, a tourist, a foreign national or someone on an F1 student visa charged with a DUI could never enter the DUI Diversion program in the Ninth Circuit Court. In Miami-Dade County, there is no upper limit on your breath alcohol concentration (BAC) to make you ineligible. But that same county requires that you sign a statement of guilt before entering. Three of the Circuit Courts (8th, 11th, and 15th) will refuse your admission if a child or animal was with you in the vehicle at the time of the charge. Another difference is that only the 8th Circuit Court will use drunken aggression as a reason to deny your access to the program.

Breath Test Over 08, Breath Test Refusal, Expert Attorney WF Casey Ebsary Jr

Avoid DUI: Fun & The Super Bowl

February 4, 2018January 6, 2022 W F Casey Ebsary Jr

How To Avoid DUI Charge

You want to Avoid DUI charges tonight (and always). Fortune Magazine says 111.3 million people watched last year’s Super Bowl. When we watch the big game with friends we may need a ride. Do NOT drink and drive. Here are the top DUI locations for Tampa. If you are charged with a DUI, call a lawyer ASAP Call (813) 222-2220. Before you even start drinking decide how you will get back home. Then you are thinking clearly and you can choose your best option: designate one person to take everyone home, use tow-to-go, take a taxi, use Uber, Lyft maybe even staying where you are.

What is Important?

You want to enjoy the game but you don’t want to make your life a mess. A DUI Charge is very expensive. The costs include:

money
- lost wages,
- court costs,
- bail costs,
- defense costs,
- if you are adjudicated the increase in insurance costs,
- sometimes costs associated with education,

time
- time getting booked
- time in court
- time negotiating how to get back and forth to work or groceries or picking up kids
- time learning about the charge
- time deciding what attorney to hire
- time away from family and friends

stress
- stress of the DUI stop with the police
- stress of being booked into the jail
- stress of court proceedings
- stress loss of driving
- stress of loss of work

You should do everything you can to Avoid a DUI charge. If you still need a DUI attorney, we are ready to help. Casey Ebsary is an expert DUI attorney. Call him (813) 222-2220.

To find out what we say about avoiding DUI charges at other prime times: