Checkpoint Tests Challenged in Florida DUI Arrests in Manatee County

Errors during FL drunk driving arrests caused by exhaust fumes in mobile testing lab.

The Sheriff’s Department was aware of an increase in error messages during breath testing in their mobile lab at Manatee County Florida DUI checkpoints. The exhaust fumes from the lab’s diesel generator made the messages more common than when tests were administered in areas with ‘sterile air’, such as the jail.

According to a recently revealed memo, even though there were concerns about legal challenges to the test results and a poor public perception over the integrity of sobriety checkpoints, the sheriff’s deputies refused to tell prosecutors about the problems. Under Florida DUI laws, the state would have been required to pass such information on to DUI defense attorneys.

At issue are the breath test results of 155 arrests for drunk driving in Hernando County over an 18 month period.

When a breath test on an Intoxilyzer 8000 is compromised by contamination, such as exhaust fumes, an error message invalidates the test. However, a suspected drunken motorist could have inhaled the exhaust resulting in false, elevated blood alcohol content. Eventually the Sheriff’s department recognized the problem and the memo instructed deputies to stop use of the on-board generator.

The chief prosecutor of Manatee County said she became aware of the memo only after a public records request filed by a DUI criminal defense attorney. A sheriff’s department spokesperson downplayed the impact of the memo, and defended the credibility of the mobile lab.

Have you been arrested for FL DUI in Manatee County?