Tag Archives: breathalyzer

Often, we get calls from parents telling us their child has been charged with a .02 DUI. Recently on the legal question and answer site AVVO a user posted a question stating that they had been stopped for speeding, given a breath test in which they blew a .03 and were cited for DUI without being arrested. Several local attorneys claiming to be DUI experts or specialists jumped in to answer the question and told the person they needed an ... Read More »

Throughout the State of Florida the Intoxilyzer 8000 is the only breath test machine in use. All those arrested for DUI are asked to take a breath test using this machine. To help ensure the accuracy, the State of Florida has enacted rules that must be followed if the prosecution wishes to admit the results using Florida’s Implied Consent Law. When a DUI arrest is made, the driver is taken to a breath testing facility. These facilities are located throughout ... Read More »

It is a little-known fact that breathalyzers do not measure alcohol: they actually measure the presence of a molecular group in chemical compounds. Ethyl alcohol (aka ethanol) contains the group, and so when the machine detects its presence (or, more accurately, infrared energy is absorbed by it), it simply assumes that the detected compound must be ethyl alcohol, otherwise it may lead to a false breathalyzer reading. Problem: there are thousands of compounds containing this molecular group — of which ... Read More »

A question often asked of jurors during jury selection is any variation of the following: “do any of you feel it is against the law to have something to drink and then get behind the wheel?  Slogans broadcast across many states, including Massachusetts, would lead you to believe it is in fact illegal to have a drink and drive: Buzzed Driving is Drunk Driving You Booze, You Cruise, You Lose Bad Breath is a Crime in Massachusetts However, defense attorneys ... Read More »

The Massachusetts Supreme Judicial Court has dealt a blow to the Massachusetts Registry of Motor Vehicles policy of suspending licenses for repeat offenders based upon prior cases that had been continued without a finding. The decision in Souza v. Registrar of Motor Vehicles will affect thousands of drivers who either pled guilty or were found guilty of second or subsequent offenses. The license losses for refusing the breathalyzer depend on whether the individual has prior offenses. If a person has ... Read More »