DUI Breath Test Results

TILDEN LAW represents clients in Central Florida accused of DUI and Driving Under the Influence charges.  If you are facing a Orlando, Orange County or Seminole County DUI or Driving Under the Influence charge, call our office for a free case evaluation, 407 599-1234.

In a nine-page order, a six-judge panel denied a request Tuesday to exclude breath-test results in 19 pending driving-under-the-influence cases. The deputy in charge of certifying breath-testing machines for the Sheriff’s Office had a valid permit to do so, the judges ruled.

Defense attorneys argued that Sgt. Edward Bowman’s permit to act as the inspector for the Volusia County sheriff’s three Intoxilyzer 8000 machines had expired. A paperwork error was to blame, they said. The lawyers said Bowman should have been retrained on the breath-testing equipment because he retired in 2003 and returned to the job five years later. Instead, Delgado argued, Bowman took a refresher course.  The judges finding was that Bowman’s permit to inspect the machines was invalid for just two months in 2008,

Bowman left his job in 2003 and was rehired in 2008. His permit, the court decided, became invalid July 1, 2008, but was good again after Sept. 29, 2008, because he completed a renewal course on the equipment, as required. Because each of the 19 pending cases was the result of arrests after that date, when the permits were good, the motion was denied.

If you have been arrested or charged with a Orlando DUI or Seminole County DUI chargen either Orange County, Seminole County, Florida, contact the attorneys at Tilden Law for an initial and confidential consultation, 407-599-1234.