The goal for the attorney in a DUI case involving a breath test reading over .08 is getting the breath test result thrown out of evidence. In order to get the breath test results thrown out of evidence, the DUI defense attorney might file a motion to suppress the breath test reading when the breath […]
When Florida purchased the Intoxilyzer 8000 it needed an easy way to show a jury that the machine worked. To do this, officials with the State of Florida worked with the manufacturer of the machine to designed a series of monthly tests. The monthly test is called the “Agency Inspection.” At trial the prosecutor admits […]
November 28, 2012 – 23:43
Why is Edward Owens, the former Agency Inspector for the Hillsborough County Sheriff’s Office, blowing twice the legal limit during his monthly inspection of the Intoxilyzer 8000? Either he was intoxicated when doing the inspection, or the instrument can’t detect the presence of a tiny amount of mouth alcohol. How many other sober people blow […]
November 28, 2012 – 20:43
Did CMI recently start uploading a new software version on Intoxilyzer 8000 instruments in Florida? The new software version is still being called 8100.27 (often called “Version 27”), but this new software has started causing a big glitch. The glitch makes the COBRA data disappear in monthly inspections and for certain test subject electronic data. […]
James G. Wigmore, the author of Wigmore on Alcohol: Courtroom Alcohol Toxicology for the Medicolegal Professional, has an interesting blog with articles on a host of issues related to DUI breath testing. His most recent blog post discusses the relevancy of forced vital capacity on the ability to provide a breath sample. Click here to read […]
The “independent” scientific study on the Intoxilyzer 8000 conducted at the Florida Department of Law Enforcement (FDLE) in October of 2011 reads like a script from that TV show “Reno 911!” that ran on Comedy Central. Why did FDLE throw together this bizarre “scientific” study that involved 3 days of planning? The study involved buying […]
Update: April 2, 2013: Ding Dong. Laura Barfield is gone… from FDLE’s alcohol breath testing program. Something about she resigned or was fired or “FDLE is moving in a new direction.” Make a comment if you know why. Update: April 6, 2013: Looks like the official reason she is leaving can be found in FDLE’s […]
Matthew Malhiot recently published an informative article discussing the Intoxilyzer® 8000: Flow Sensor Problems in Florida. The article describes how Florida never bothered to develop any procedure for testing whether the Intoxilyzer 8000 instruments could accurately measure the amount of air blow into the machine. As a result, the instrument may have produced unreliable breath […]
What happens when you attempt to submit to the DUI breath test in Florida and the breath test operator tells you that you were not breathing hard enough? The arresting officer will count that as a “refusal.” The allegation that you refused to take the breath test carries with it additional penalties including a one […]
Judges throughout Florida are beginning to hear evidence about big problems with the way the Intoxilyzer 8000 attempts to calculate breath flow (which is one factor used to estimate whether a sufficient sample of 1.1 liters of breath is provided). If the machine is calculating flow incorrectly then all the other readings produced by the […]
