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?

The bill calls for those convicted of Florida DUI to carry higher insurance coverage. Specifically, a minimum of $100,000 per person and $300,000 per incident in bodily injury insurance, and at least $50,000 in property damage coverage.

The measure had bi-partisan sponsorship in the Florida Legislature, and it was supported by the Florida Justice Association and Mothers Against Drunk Driving.