DUI Attorney, Casey Ebsary has spent years as a DUI Prosecutor using breath tests to convict people charged with DUI. For the past 10 yeaars 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 www.DUIFla.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.
Intoxilyzer(tm) is a registered trademark of CMI .
