Florida DUI: Intoxilyzer Breath Tests Not Accurate

Breath tests relating to DUIs (driving while under the influence) are not always accurate. No one knows that better than David Katz, a Florida attorney whose practice focuses in the areas of DUI and criminal defense. His firm is fighting to keep breath test results out of evidence because the machine used in the process is flawed - and his clients benefiting from his efforts.

What is the Intoxilyzer?

According to Katz, "The breath test in Florida is manufactured by CMI Incorporated, a Kentucky company. Its Intoxilyzer 8000 is the only breath test that is currently in use in Florida for evidentiary purposes. It uses infrared spectroscopy to analyze breath samples."

Why might the Intoxilyzer be flawed?

Katz says that he's been involved in hearings with judges about the potential flaws with the Intoxilyzer. He explained:

There have been changes made to the Intoxilyzer since it's been approved. There have been changes to the breath hose, the power supply, the feed, the case and to a screw on the purge valve. Those changes were undocumented - and everything is supposed to be documented.

Evidence from the Intoxilyzer 5000, the older machine that was just replaced by the 8000 a couple years ago, was inadmissible in large part throughout Florida because of changes made to the instrument. The instruments are supposed to be all the same. They're supposed to be the same as the one that was approved based on a 2002 approval study, and if they are changed, then a new approval has to be done.

When they finally let us start opening up the Intoxilyzer 5000s, we saw different parts from different manufacturers. Some instruments had parts that other instruments didn't have. There had been homemade changes made, undocumented changes and nobody knew how or why these things worked or if they did.

Different machine, same problem

Katz says that they're starting to see the same thing with the 8000. The state is making changes that aren't being documented and the machines are no longer the same as the ones that were allegedly approved. He says that judges involved with these hearings have not yet ruled on numerous matters concerning the Intoxilyzer, but that the state has been willing to reduce his clients' charges until the matters are resolved.

If you have questions about a DUI in Florida, contact an experienced DUI lawyer to discuss your situation and evaluate your options. Consultations are free, without obligation and are strictly confidential.