DUI with a Breath Test in Pinellas County, FL
After a DUI arrest, the arresting officer will often request a breath test. The only approved breath test machine in Florida is called the Intoxilyzer 8000, which came online in 2006. Believe it or not, the breath test machines used in Florida are over 18 years old and have used the same software during that entire period.
The legal limit in Florida is .08. Florida law provides for enhanced DUI penalties if both BAC readings are over .15.
After the arrest, if you blow over .08, the arresting officer will issue a DUI citation that contains notice of an administrative suspension. For a first DUI breath test case, the administrative suspension is 6 months. After the arrest, you only have 10 days to retain an attorney to contest that administrative suspension by demanding a formal review hearing. The formal review hearing is the only way to remove the administrative suspension from your driving record. Otherwise, it remains on the record for 75 years, even if you avoid a DUI conviction.
The Pinellas County Sheriff’s Office created standard operating procedures for administering breath tests after a DUI arrest in Pinellas County, FL. Those standard operating procedures explain the procedures at the jail’s Central Breath Testing (CBT) Facility and the responsibilities of the breath test operators and agency inspectors.
The breath test operator conducts breath tests to determine the presence of alcohol. Breath testing is the primary chemical test performed when the Pinellas County Sheriff’s Office is attempting to ascertain alcohol impairment in non-death / non-serious injury DUI investigations.
The SOPs required that all breath testing conform with the rules and regulations of the Florida Department of Law Enforcement and Florida Administrative Code, Chapter 11 D-8.
Attorney for Breath Testing in Pinellas County, FL
If you were arrested for DUI and blew over the legal limit of .08, contact an experienced DUI defense attorney in Clearwater, FL, at Sammis Law Firm. Our attorneys are familiar with the standard operating procedures used by the Pinellas County Sheriff’s Office when conducting breath testing.
We are familiar with how the Intoxilyzer 8000, Florida’s only breath test machine, must be operated, maintained, and inspected. Our offices are near the Bureau of Administrative Review (BAR) office in Clearwater, FL.
We handle DUI cases prosecuted at the Criminal Justice Center (CJC) courthouse in Pinellas County, FL.
Contact us to discuss your case. Call 727-210-7004.
Procedures for DUI Breath Tests in Pinellas County, FL
If the suspect driver arrested for DUI indicates any confusion about the requirement to take the breath test, the arresting deputy must read the “Implied Consent” warning. If the suspect is willing to submit, a breath alcohol test consisting of two valid breath samples shall be conducted by a BTO.
If the suspect refuses to submit or fails to complete a breath alcohol test, the deputy must read the “Implied Consent” warning and complete the “Refusal Affidavit” (HSMV-BAR1001).
The breath test operator employed by the Pinellas County Sheriff’s Office must hold a valid breath test permit issued by the Florida Department of Law Enforcement (FDLE). To maintain that permit, the BTO must complete refresher training and re-certification before June 30 of the fourth year anniversary of the year following the initial issuance of their breath test certificate and every fourth year after that.
Breath test operators in Pinellas County, FL, must follow all FDLE rules and regulations when administering breath tests. The BTO must complete all appropriate paperwork. Breath test operators are required to contact an agency inspector as soon as possible in the following instances:
- If the breath testing equipment or any other equipment within the Central Breath Testing (CBT) Facility malfunctions or becomes inoperative
- If the breath testing equipment is damaged or tampered with
- If there is any damage to any equipment within the CBT Facility
- If there is a shortage of supplies or forms within the CBT Facility
- If the CBT Facility is found unlocked or unsecured without a PCSO-certified Breath Test Operator present
- If the issued key card to the CBT Facility has been utilized by anyone other than a PCSO-certified breath test operator
- To preserve the sterile and evidentiary characteristics of the CBT Facility, persons who are not members of the agency will not be permitted to enter the CBT Facility unless a certified Sheriff’s Office BTO is present
- If there are any questions or problems regarding Breath Testing in general that may affect the validity of the operator’s tests, contact the agency inspector
The Pinellas County Sheriff’s Office has an Agency Inspector responsible for the following tasks:
- maintaining a valid agency inspector permit issued by FDLE
- conducting the required monthly inspections of all breath testing equipment registered to the PCSO
- sending the equipment to an authorized repair facility or the factory
- providing expert testimony of breath testing for court purposes
- reviewing BTO work product to ensure compliance with FDLE rules and regulations
- maintaining and stocking the CBT Facility
- acting as a liaison between FDLE and the PCSO
- acting as the custodian of all breath testing records for court purposes
- remaining available for breath testing problems or questions
- act as a breath test operator (BTO) if other operators are unavailable
Access to the Central Breath Testing (CBT) Facility in Pinellas County is limited. Law enforcement officers entering CBT must secure their firearms in their vehicles before entering.
A certified law enforcement officer and a certified BTO must remain in the facility whenever a person arrested for DUI is waiting or submitting to testing. Anyone accessing the CBT Facility must use an authorized access key card or the certified BTO on duty. Only an on-duty certified BTO or BTO-certified law enforcement deputy may provide access if entering from the jail.
The CBT Facility is equipped with duress alarms, which summon assistance from the Department of Detention and Corrections (DOC) in an emergency. If the detention staff is required to assist, but it is not an emergency, they will be contacted by phone.
This article was last updated on Thursday, January 23, 2025.
