Broward DUI Task Force to install Intoxilyzer 8000s in Patrol Cars?

William R. Moore Criminal Defense DUI Task Force Broward County

DUI investigations in Broward County Florida have troubled Sergeants due to the time that it takes a detective to conduct an adequate investigation under Florida law. According to attorney William R. Moore, investigations typically take about 6 hours. A majority of this time is spent transporting a suspect to the Breath Alcohol Testing Facility. Once at the BAT facility, it is a fairly lengthy process before the individual is tested. As a result, perhaps due to the lack of funding, we have seen less DUI arrests and a drastic reduction in the number of DUI Task Force Detectives.

An arrest is required prior to requesting and administering breath tests.

Many people believe that officers test individuals at the scene using portable breath testing equipment which hasn’t been the case until now. Florida has only authorized the use of CMI’s Intoxilyzer 8000 for use in testing a suspect’s breath/blood alcohol level and this device is not conducive to being housed in a vehicle. Under Florida law, Intoxilyzers must be kept in a secure environment that is clean, dry and free from airborne chemicals such as ethanol. Criminal defense attorneys have understood these requirements to be the rationale behind officers not having them installed into the patrol cars of DUI Task Force Members.

A pilot test of “in-car breathtesting”

Despite regulation tending to restrict the use of breath testing equipment in police cruisers, one DUI Investigator in Broward County is utilizing an Intoxilyzer 8000 which has been specially mounted in his patrol car to make arrests. The reason for which is undoubtedly to cut down the time required to conduct a full DUI investigation through utilization of the Breath Alcohol Testing Facility. It is estimated that, should in car breath testing be permitted, DUI investigations could be cut from 6 hours to under an hour and a half.

Additional Things you Should Know Before Being Stopped for DUI in Broward County

Drinking and driving lawyer Fort Lauderdale

In Florida, a motorist suspected and investigated for the crime of driving under the influence may be surprised to find that they are not given an opportunity to dispel the DUI investigators suspicions by submitting to an on-site breathalyzer test.

Broward County DUI Task Force does not use on site breath testing units.

Florida DUI law requires an arrest before a suspect is requested to submit to chemical testing and provide either a breath or urine sample depending on the facts of the case.

Intoxilyzer 8000 for Chemical Testing in DUI Investigation

In Broward County Florida, DUI task force has employed the use of CMI’s Intoxilyzer 8000 for several years. This sophisticated piece of equipment is regularly challenged by DUI defense attorneys to the inherent unfair and unconstitutional nature of its overall function in our criminal justice system. When maintained and calibrated properly the Intoxilyzer 8000 can accurately measure a person’s breath alcohol content. However, misuse by law enforcement in conjunction with the machines effectively proving an element of the crime of DUI.

Broward DUI Lawyer

Unconstitutional Nature of Florida DUI Prosecution

The fundamental principle of our criminal justice system is that the prosecutor be required to prove each and every element of a crime beyond into the exclusion of any and all reasonable doubt. There are no exceptions provided under the laws which we have all shared for over 200 years. Nonetheless, when Intoxilyzer’s report indicating that a DUI suspect blew a .08 or above is enough for them to find that the offender was under the influence to the extent that his or her normal faculties were impaired.

Recent changes in the manner in which the Florida Department of Motor Vehicles handles DUI investigations specific to license suspension has certainly changed the way that first-time offenders choose to either participate or not anticipate in a DUI investigation of which he or she is the subject.

The one question asked so frequently of veteran DUI defense attorneys, is now more easily answered. I’m speaking of course as to whether or not subject of a DUI investigation should participate in chemical testing should they have never been arrested for driving under the influence in the past.

To blow or not to blow…

The ramifications for refusal to submit to a breath test or first time DUI suspects are far less than in years prior according to DUI lawyers in Florida. Some may disagree, however, when you look at DUI defense and prosecution in its entirety, coupled with new administrative procedure implemented by the DMV, you can’t help but feel the lifting of potential stresses that even a first-time DUI offender faced with regard to Florida driver license suspension. The length of this suspension used to be significantly influenced by the way and manner in which a DUI suspect participated or refused to participate in the DUI task force officer’s investigation.

I have already been arrested, what’s the point in submitting to a breath test if the officer is not going to let me go home?

While some states employed the use of portable breath testing machines that were used on-site, Florida has required an arrest prior to any request or in some cases demand for chemical testing. This has in most cases left the DUI suspect both confused and frustrated at not only the legal system but the criminal investigation at hand. Most citizens who are under the stress of such an event fail entirely to see the logic in being cuffed, transported in a patrol car to a holding cell and then asked to submit to a breath test in order to confirm or dispel on investigating DUI officers suspicions.

Couple this with the likely fact that Miranda rights were not read to the suspect either. There would unlikely be an adequate response to that same DUI suspects request to consult with a criminal defense attorney. In a vast majority of cases that our DUI lawyers have seen in Broward County, little if anything is ever done by way of explanation to a DUI suspect as it pertains to when Miranda is required or why DUI suspects are not entitled to counsel in most cases.

Additional things that you should know prior to finding yourself the subject of a DUI investigation.

Many criminal defense attorneys in Broward County have gone as far as to say that certain law enforcement officers seem to respond to common requests of a subjects right to counsel in such a way that leads them to believe that their rights are being violated. The fact is, however that most elements of a DUI investigation involve the collection of non-testimonial evidence meaning that the DUI suspect is not questioned, rather observed and requested to submit to forensic testing. In such cases where a criminal suspect is not being interrogated, nor providing evidence that is testimonial nature, there is no right to consult with a criminal defense attorney.

Nonetheless, our nation’s highest courts have shamed police officers for the manner in which the outright denial of not only Miranda or Defense Counsel, was undertaken but also warned that the only nexus bridging the gap between modern DUI policing and an outright violation of a DUI suspect’s constitutional rights is the manner in which DUI task force conducts same. In Florida, officers who routinely make driving under the influence arrests are constantly reminded of the specific manner in which they are required to collect evidence and more importantly treat suspects.

20+ years ago the higher courts may very well have been uneasy about the constitutionality of denying an individual right to counsel prior to submitting to chemical testing in addition to specifically requesting same. According to criminal defense attorney William Moore, however, the Florida court systems cognizance of our criminal justice systems treading lightly upon the rights of the accused has long been gone.

DUI prosecution in Florida has been a gateway that has led to the dilution of many of our constitutional rights claims Moore.

Prior to focusing on major crimes such as drug possession delivery and trafficking offenses in Broward County Florida, attorney William Moore focused intently on defending individuals charged with driving under the influence. He has extensive knowledge and experience in this complex area of criminal defense having tried over 200 criminal DUI jury trials in his first 15 years of practice. Much of this knowledge and unique experience has been shared their writings, criminal defense law lectures and radio show commentary.

For information about how to get specific materials with regard to any DUI defense issue or topic please contact

Criminal Defense Attorney William R. Moore

One Financial Plaza Suite 2500
Fort Lauderdale Florida, 33394 
954 – 523-5333

Hiring an expert in preparation of a criminal case

Use of of experts in preparation of defense by criminal lawyers, by Criminal Lawyer William Moore.

The preparing of a case in defense of an accused varies according to crime type and specific facts. To an accused the process can seem both confusing and overwhelming. To an attorney who has been exclusively engaged in the practice of criminal law, the entire process is second nature. One obvious element to defense case preparation is a thorough review of all evidence regardless of that evidences admissibility. This is because even irrelevant evidence may lead to the discovery of information that tends to strengthen or even establish a viable defense that can be the difference between exoneration and conviction for committing a crime.

Investigating, Discovering and Effectively Presenting Favorable Evidence by a Defending Attorney.

Experienced Criminal Defense Lawyers often use professionals in investigating, discovering and effectively presenting favorable evidence. Expert testimony that favors the defendant may be used by the defending attorney not only in preparation of trial, but also in negotiating a breakdown or even dismissal of the criminal charges against the defendant of whom they represent. The determination to use an expert in the preparation of a client’s defense is often based on rules governing the admissibility of evidence under Florida Criminal Law. This is because opinions may not be expressed and introduced as evidence by witnesses during a criminal jury trial unless they qualify as and are declared an expert by the court. Under Florida criminal law, experts may only testify about their opinions if they fall under their area of expertise. The use of experts out of necessity required significant forward thinking on the part of the criminal defense attorney charged with defending an accused client. It is considered malpractice on the part of the defending lawyer in most circumstances whereby convincing opinion evidence is declared inadmissible simply because counsel was unfamiliar with our Florida Criminal Statutes specific to opinion testimony.

Examples of when a criminal defense lawyer would require an expert in order to present evidence in a criminal trial under Florida law:

– Where an attorney represents a defendant who is charged with possession of a controlled substance and there is evidence that the sophisticated instruments used to test the substance were not maintained, calibrated or operated correctly. – Where the defendant is alleged to have committed a sexual battery on an alleged victim which is corroborated by DNA testing and it is learned by the representing criminal lawyer that the DNA may have been cross-contaminated. – Where a defendant is accused of DUI Manslaughter and represented by a criminal lawyer who wishes to present tire skid-mark and headlamp impact-burn evidence that the accident was caused by the victim. All of the examples above are similar to evidence issues confronted by our lawyers on a regular basis.  Each illustration requires the use of an expert in order to preserve, present exculpatory evidence because: – what a lawyer says in trial is not considered evidence. – a lawyer may not comment on facts or opinions not in evidence. – opinion testimony may only be introduced into evidence through a qualified expert. Lawyers who practice criminal law should employ the use of experts in most circumstances where the client’s resources allow. A few criminal defense law firms employ experts where the area of defense is limited to a specific crime type such as DUI, sex crime and complex fraud or white collar crime.

Advice to Criminal Lawyers in Broward regarding Qualifying Experts

Always remember to explain admissibility issues with the client where an expert is being retained for the purpose of testifying on behalf of the defense at an up and coming trial. Florida criminal courts are generally lenient when it comes to qualifying a witness as an expert. This is most often beneficial to the defense, unless of course, where it is the prosecution who seeks to have an expert certified as same. Certain criminal judges in Broward County have developed a reputation for requiring that the intended expert require significant credentials in order to offer opinion testimony.  Many judges have refused to allow costly experts to testify. If this is even a remote possibility, it is always advisable to prepare the client in advance. Where experts are not independently employed by a defense law firm, a client must be informed prior to their financing an expert’s testimony.

William Moore, Broward County

William Moore Criminal Defense Attorneys have utilized experts of all kinds over the years. For a list of experts commonly employed by criminal lawyers in preparing and arguing the defense of a defendant, see the followup post to this article. William Moore is a lawyer with William Moore Criminal Defense Attorneys: 1 Financial Plaza #2500 Fort Lauderdale FL 33394 (954) 523-5333 Email Attorney William R. Moore at wrdefense@gmail.com, williammoorelaw@aol.com Satellite Office: William Moore Criminal Defense Attorneys: 721 SE 13th St Fort Lauderdale FL 33316 (954) 656-6229

When a Breath Test Operator Doesn’t Remember Conducting DUI Investigation?

DUI Lawyers in Broward County unanimously agree that in most cases it is a best practice in most circumstances to allow as much time as possible between the arrest of a client and the actual resolution of the case. This is especially true in cases involving an unfavorable breath test result.

Broward County DUI Lawyer
Breath Test Operators in Broward County Florida Rarely Admit to Having No Recollection of Conducting Chemical Testing in a DUI Investigation.

Independent Recollection or Testifying from Police Reports

This is due to the fact that breath test operators conduct so many chemical test investigations that it is likely that he or she will have no independent recollection of your DUI client, claims DUI Lawyer William Moore.

Continue reading “When a Breath Test Operator Doesn’t Remember Conducting DUI Investigation?”

Justin Bieber got a Bad Wrap

Justin Bieber was arrested in Fort Lauderdale and charged with a litany of crimes including DUI, driving on a suspended license, drag racing and Resisting Arrest in addition to the allegations that Bieber was incredibly belligerent.

Most surprising according to Local Broward Criminal Lawyer Moore were the representations that he also freely admitted that he had consumed alcohol to the point of being intoxicated, smoked marijuana and taken drugs. The investigating officer also considered Justin Bieber to be a threat of such significance that he was unable to conduct a DUI investigation at the scene and out of necessity had to physically restrain the pop star and place him under arrest. Some furtive movements on the part of Justin were taken to be significant and even dangerous.