The Law Offices Of Kevin J. Pitts
If you have been arrested for DUI in Seminole County contacting an experienced Seminole County DUI Attorney immediately can improve your odds. DUI Attorney Kevin Pitts has handled hundreds of DUI's as a former Assistant State Attorney and DUI Defense Attorney. Mr. Pitts has successfully completed the breath test operator course giving him valuable insight into the issues affecting the Seminole County intoxilyzer 8000 results. During his training on the breath test machine he was required to correctly perform 6 breath tests. During this training he also had the opportunity to submit to 8 tests during breath test operator training. If you are fighting a breath test you should have a Seminole County DUI lawyer that not only has been tested on the Intoxilyzer 8000 but who also knows how to operate it.
A Seminole County DUI arrest for unlawful blood or breath alcohol or refusal to submit to a test will suspend your driver’s license administratively after 10 days. Email Seminole County DUI Attorney Kevin J. Pitts at firstname.lastname@example.org for a free document to request a formal review hearing. By requesting a hearing and paying a $25 fee to The Florida Department of Highway Safety and Motor Vehicles you can get a 42 day extension of your driving privileges. Seminole County DUI Attorney Kevin Pitts offers this document and a brief explanation by email for free. Attorney Kevin J. Pitts answers emails as soon as possible but if your 10 days is about to expire you should take steps to ensure your opportunity for review does not lapse. If action is not taken your license will be suspended administratively after 10 days. As of July 1, 2013 individuals accused of a first DUI are eligible for a waiver that avoids the 30 day hard suspension on breath tests over .08 and 90 day hard suspension on refusals. Contact Seminole County DUI attorney Kevin J. Pitts at 407-883-6853 for more information on the advantages and disadvantages of waiving the formal review.
An example of Intoxilyzer issues occurred in 2010. Seminole County has 4 Intoxilyzer 8000's and I have compiled data for serial numbers 80-001271 and 80-001272. It appears that the gaps might be even greater when the data for all 4 machines is compiled. Each month both machines are tested with the same three control solution lot numbers.Three tests are performed sometimes just minutes apart by the same breath test inspector. The machines test a .05 G/210L control solution a .08 G/210L control solution and a .20 G/210L control solution during the monthly inspection. I have reviewed the monthly inspections from January through September and compiled the data. The .05 G/210L shows an average variation of 6.6% between the two machines on the same .05 G/210L control solution lot # 200903B. The inaccuracy was most pronounced on 3/30/2010 when a 10% difference was observed and again on 6/30/2010 when a 10% difference was observed on 2 tests. The .08 G/210L shows an average variation of 6.12% between the two machines on the same .08 G/210L control solution lot # 200908B. A maximum variation was observed on the 6/30/2010 test when an 8.75% difference occurred twice on the .08 solution. The .20 G/210L shows an average variation of 7% between the two machines on the same .20 G/210L control solution lot # 200908C. A maximum variation was observed on the 9/29/2010 test when a 9% difference occurred on the .20 solution. This is disturbing considering that according to FDLE both machines are compliant. What is even more disturbing is that 80-001272 always reads lower then 80-1271 and has only been used once since October of 2009. It would appear that Seminole County prefers to use the machine that reads higher. I refer to it as the +1 because it appears to add a drink to your BAC free of charge (except for the DUI). The discrepancies have continued at least into November of 2010. What drives this issue home is that during the Sarasota source code litigation a document was released from CMI stating that the machine would be accurate within +/- .003 or 3% whichever is greater. With as much as a 10% difference in control tests the machines are not performing within the specifications set out by CMI. It appears that Seminole County has found a way to resolve this issue. It appears that the machine is not being used. The last recorded test for 80-001272 is 11/1/10 @ 21:56. Intoxilyzer 80-001271 has been tested for accuracy 4 times since 11/1/10. It appears that Seminole County finally found out about the problem and addressed it by continuing to use the machine that reads higher and no longer recording tests on the machine that shows lower results. If your arrest occured in Volusia County go to lt Daytona Beach DUI lawyer.