Defense for DUI with Dentures or Dental Devices under Florida Law
Mouth Alcohol Can Inflate Breath Test Result on Intoxilyzer 8000
The breath test machines used in Florida, the Intoxilyzer 8000, can give a subject an inflated reading if the person has dentures, an orthodontic plate, fillings, or other dental devices or dental work that can trap mouth alcohol. Although the machine is designed to distinguish between mouth alcohol and breath alcohol from the deep lungs, the timing of the last drink and the presence of dental work can greatly affect the breath test reading.
Florida law does not require the removal of dentures, an orthodontic plate, or other dental devices nor does the law impose an obligation on the officer to inquire about the use of dentures prior to or during the administration of alcohol tests. In certain cases, the machine may actually detect the presence of mouth alcohol which invalidates the result. However, in other cases, the machine may not detect mouth alcohol leading to an inflated breath test reading.
If you took the breath test and believe the results may have been affected by fillings, an orthodontic place, dentures or other dental work, contact a Tampa DUI Attorney to discuss important defenses that may exist in your case. Your drunk driving attorney will need to gather evidence of when the last drink occurred and other evidence that may support this criminal defense in court.
The presumption that your normal faculties were impaired by a breath test reading are merely rebuttable presumptions. Exploring defenses that are particular to your case are critical. Contact a criminal defense and DUI attorney at the Sammis Law Firm to discuss your drunk driving case and potential defenses. Our DUI Lawyers represent clients throughout Hillsborough County, including cases at the courthouse in Tampa and Plant City, Florida.