Equipment Inspections Issue Could Impact Florida DUI Cases

Procedures not followed in handling of breath test equipment.

An Escambia County judge ruled that breath test results from 19 Florida DUI cases could not be entered into evidence. The Intoxilyzer 8000 used to determine the defendants’ blood alcohol content had not been properly handled and maintained, which could have altered the test results.

The equipment in question registered problems while testing breath samples in the county jail. The Florida Department of Law Enforcement is responsible for maintenance, calibration and records keeping for the breath testing equipment, and the regional alcohol-program director for FDLE took the machine from the jail to her office to see if environmental issues were causing the error messages. The Intoxilyzer 8000 can give false high readings if the air around the machine is heavy with alcohol or the breathing tube contains residual alcohol. Temperature can also affect the test reading. When the equipment worked in her office, she returned it to the jail with instructions to keep the door open to the holding area for air circulation. A fan was also placed in the room.

According to the FDLE’s own rules, whenever breath test equipment is removed for repair or inspection, it must be recertified. Because that did not happen, the judge ruled that the results gathered from the equipment between February 17 and May 17 could be compromised.

The cases of driving under the influence in Florida will still proceed, though prosecutors must make their case without the breath test results.

If you have been arrested for DUI in FL, you will need to hire a Florida DUI Attorney.