A Manatee County woman was arrested in 2008 and charged with her 11th DUI, but prosecutors recently dropped charges against her in an effort to avoid exposing problems with a faulty breathalyzer, CBS News reports.
When drivers pick up a large number of DUI arrests, the penalties in Florida can be staggering. A strong DUI defense in Miami is necessary in the fight to reduce prison time, long driver's license suspensions or revocations and thousands in fines and fees levied by the court.
In the case in Bradenton, the woman was arrested and charged with driving under the influence and while being taken to jail was given a breath test in an Intoxilyzer 8000. According to the news article, the woman blew a .119, which is over the state's legal blood alcohol limit of .08.
But in the midst of preparing for trial, an expert witness discovered that the device sometimes would take two breath samples, but only report one result. The machines also often reported two blood alcohol levels without any breath volume, the story states. When the manufacturer wouldn't let the defense inspect how the machine operates, the judge refused to let the results into evidence.
Faulty breathalyzers aren't breaking news. Prosecutors across the country are being forced to review or drop thousands of drunk driving cases because the devices aren't reliable. In California, thousands of DUI cases are being reviewed because of a defect in several cities. In Philadelphia recently, more than 1,500 defendants will get new trials because of faulty breathalyzers used by police.
In recent years, Florida lawmakers have stiffened the penalties for habitual traffic offenders. Anyone convicted of multiple drunk driving offenses can be punished with years of prison. And the law allows judges to sentence to additional incarceration if the driver's blood alcohol level is high or if there are prior convictions.
A seasoned Fort Lauderdale criminal defense attorney will know how to fight for your rights and be there to help protect them. Choose wisely.
West Palm Beach DUI Attorney Carlos Canet is an aggressive and experienced drunk driving defense attorney, representing clients facing DUI charges in Fort Lauderdale, Miami and West Palm Beach. Call 866-7ASKDUI to discuss your rights.
