Intoxilyzer Documents DUI Cases in Miami, FL
For DUI cases involving a breath test, your criminal defense attorney will be able to download some of the discovery documents from the website of State Attorney, Katherine Fernandez Rundle. Other types of documents can be obtained through a public records request or a subpoena. The website contains a section devoted to finding DUI Discovery Documents. Your attorney can use these documents to information about a particular Intoxilyzer instrument used in a particular case.
From the State Attorney's website, your attorney may be able to download documents including:
- the Intoxilyzer's Certificates of Assurance;
- Intoxilyzer Registration Certificates;
- Repair Orders for the Intoxilyzer;
- Miami-Dade County Secondary Inspection Sheets;
- Maintenance Documents; and
- Breath Logs for Miami-Dade County Intoxilyzers 8000 instruments.
Downloading DUI Breath Test Documents from the FDLE Website
Many of the documents related to the Intoxilyzer 8000 used in your case can also be found on the website of the Florida Department of Law Enforcement (FDLE). The FDLE publishes electronic records of all Intoxilyzer 8000 documents. Many of those documents contain electronic data that is uploaded electronically. The FDLE records are updated more often than the documents on the State Attorney’s website. Therefore, it is important to research information about the Intoxilyzer 8000 on both sites.
For documents that are missing, your attorney can make a public record request for the missing documents, obtain a subpoena, or file a motion to compel the prosecutor to prove those documents to the defense attorney. If the prosecutor fails to comply, then the defense attorney can file a Motion for an Order to Show Cause.
Records that can be obtained through a public record request or other methods include:
- DUI Room Key Logs;
- DRE Logs;
- HGN Logs;
- Uniform Guidelines for Checkpoints; and
- the Breath Test Permits.
Discovery Documents Related to Breath and Blood Tests
In a blood test case or a urine test case, your DUI defense attorney in Miami will obtain the documents necessarily for your defense from the forensic toxicology lab.
Dr. Lisa Reidy
University of Miami Forensic Toxicology Lab
1600 NW 10th Avenue – RSMB, R-5 – Room 7025A
Miami, Florida 33136
Phone: (305) 243-5629
Fax: (305) 243-1339
If you have not been declared indigent for costs, then your attorney will pay the costs for photocopying the documents. The lab will then provide the document within a few weeks.
If the laboratory fails to comply with the demand, your attorney can file a motion that compels the prosecutor to produce the documents and a Motion for an Order to Show Cause. Documents normally provided in every case include:
- the confirmatory test;
- all calibrations performed on the instruments;
- property receipt;
- chain of custody documents;
- instrument maintenance; and
- repair records.
If the lab or the prosecutor fails to provide the documents in a timely manner, then the defense may be entitled to a State charged continuance.
Attorney for DUI Cases in Miami, FL
If you have a pending DUI cases in Miami, FL, involving either a breath, blood or urine test, then contact an experienced criminal defense attorney at Hubbs Law. E.J. Hubbs fights DUI cases throughout Miami, Miami-Dade County, and the surrounding areas.
Call (305) 615-5945
to discuss your case with an experienced DUI defense attorney in Miami, FL. Whether this is your first DUI arrest or a second or subsequent arrest, call to find out the best ways to fight the criminal charges pending against you.
This article on obtaining discovery from the State Attorney's Office in Miami was last updated on Tuesday, February 28, 2017.
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