Category Archives: Uncategorized

Problems with the Intoxilyzer 8000 and Power Outages

The FDLE website has a section on its website where it sporadically adds “Miscellaneous and Correspondence” on different Intoxilyzer 8000 machines. Criminal defense attorneys rarely get notice when the machines suffer from serious malfunctions. Instead, the attorneys are instructed by the State Attorney’s Office to sift through the poorly organized FDLE website to find information […]

Prior DUI Convictions Defined under Florida Law

The penalties and punishments in a DUI case depend, in part, on whether the person has any prior convictions for a DUI (or similar offense) and when those prior convictions occurred. Different penalties can exist for second or subsequent DUI cases including: a second DUI conviction outside of five years; a second DUI conviction within […]

Florida SB 1810 – Creating New Strict Liability Standard for DWI Drug and Marijuana Cases

Florida has yet to legalize or even decriminalize the possession of a small amount of marijuana for personal use. Instead, the Florida Senate is moving toward creating a law which would create a “per se” or “strict liability” standard for any driver with low levels or trace amounts of residual marijuana in their urine or […]

Temple Terrace Police Department’s DUI Checkpoint / Roadblock on Friday Night

The Temple Terrace Police Department conducted a DUI checkpoint / roadblock on Friday night, December 30, 2011, near 56th Street and Whiteway Drive. The roadblock began at 10 p.m. Friday, and was scheduled to end at midnight. Following the roadblock the Temple Terrace Police Department scheduled a “saturation patrol” from midnight until 4 a.m. on […]

Florida’s Intoxilyzer 8000: Problems with Flow Calibrations Surface Statewide

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 […]

Florida Intoxilyzer 8000 Source Code Update: CMI’s Dog Ate Their Homework

For those of you following the saga to obtain the Source Code for Florida’s Intoxilyzer 8000, CMI announced on June 3, 2011 through an affidavit filed in Florida that it does NOT have the Source Code for the only instrument on the DOT conforming products list or the only instrument evaluated and approved for use […]

Stephen Daniels on Florida’s Intoxilyzer 8000 and CMI Source Code Update

Check out this interesting article by Leonora LaPeter Anton, St. Petersburg Times Staff Writer. Click here to read the article – Florida’s Intoxilyzer 8000 on trial The article discusses Stephen Daniels with D.U.I. undo Consultants, LLC. The article also discusses DUI Attorney, Robert N. Harrison, and his efforts to have the breath test results excluded […]

Fellow Officer Hearsay in DUI Motion to Suppress Hearings in Tampa, FL

Perhaps one of the most important cases for DUI defense to be decided recently is Bowers v. State, 23 So.2d 767 (Fla. 2d DCA 2009). The attorneys at the Sammis Law Firm were not involved with the Bower case but we are discussing it here because it impacts the law related to DUI defense in […]

BUI Video: Hillsborough County Sheriff’s Office Marine Unit Out for the 4th of July

The Hillsborough County Sheriff’s Office¬†is really putting out some impressive videos. This video discusses boating under the influence (BUI) and boater safety enforcement in Tampa, Hillsborough County, FL.¬† The HCSO Marine Unit enforces the laws on Hillsborough County’s waterways including investigating boaters under the influence of alcohol, performing safety and equipment checks, and checking for […]

New DUI Video about Pasco County Sheriff’s Office Mobile Unit

Interesting YouTube video on the Pasco County DUI Enforcement Mobile Unit used for DUI saturation patrols and DUI sobriety checkpoints in Pasco County in New Port Richey on U.S. 19. This video was filmed on late Saturday night, March 20, 2010. The Port Richey Police Department, the Pasco County Sheriff’s Office, and the Florida Highway […]