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Intoxilyzer 8000

CMI Intoxilyzer 8000

Problems with Florida's Intoxilyzer Breath Test Device May Affect Your DUI

Intoxilyzer 8000 in Pinellas County, Florida

Contact the Morris Law Firm after an arrest for DUI in St. Petersburg or Clearwater, Pinellas County, or Tampa, Hillsborough County, Florida if you took an alcohol breath test (also referred to as a breathalyzer test) using the Intoxilyzer 8000 Breath Test Device (which is commonly used throughout Pinellas and Hillsborough County, Florida) as there are facts you should know about alcohol breath tests and specifically the Intoxilyzer 8000 that may affect your DUI case.

Many people arrested for DUIs take a breath test at the site of the arrest or at the law enforcement office. The fact you took a breath test and the results of your breath test can and will be used against you in a court of law. A potential defense strategy is to exclude the fact you took a breath test and the results of your breath test, thus leaving the prosecutor without a critical piece of evidence to prove a DUI charge.

The above may be accomplished by highlighting the problems with breath tests, and especially those where the CMI Intoxilyzer 8000 was utilized. These problems can be broadly categorized as Operational Issues and Legality Issues:

Operational Issues:

 

As a piece of technology used to measure breath alcohol levels, a breathalyzer is far from infallible and relies on a human element that is open to the opportunity for errors. Operational issues that may be used as defenses in your DUI case include:

  • Human error
  • Environmental factors
  • A breath test may not accurately represent your true Blood Alcohol Content (BAC)
  • Your mouth alcohol may be measured higher than your true breath alcohol level
  • Amount of time between your arrest and breath test
  • The breath test device may be improperly maintained

Legality Issues with the Intoxilyzer 8000:

 

If your breath test was conducted using the Intoxilyzer 8000 there exists the possibility that your breath test results may be excluded as evidence from your DUI case.

 

First, according to Florida law, all devices utilized for alcohol breath tests must be evaluated by the Florida Department of Law Enforcement (FDLE), through their alcohol testing program. Further, the FDLE can only evaluate equipment on the Department of Transportation’s (DOT) Conforming Products List (CPL). The Department of Transportation does in fact list the CMI Intoxilyzer 8000, however it specifically states, “Which analyzes breath samples using the 3.4- and 9-micron bandwidth.” The issue is that the CMI Intoxilyzer 8000 utilized in Florida does not analyze breath samples using the 3.4- and 9-micron bandwidth, it in fact does not utilize the specified bandwidths. Thus, there is a serious question whether or not the CMI Intoxilyzer 8000 is an approved breath test device in Florida.

 

Second, there is a potential programmatic problem with the CMI Intoxilyzer 8000. Much like a computer, the CMI Intoxilyzer 8000 relies on firmware (software) that regulates its operation. To date, the state of Florida has ruled that the defense is not entitled to the source code (firmware and/or software code) for the CMI Intoxilyzer 8000. This was because the defense in prior cases had not shown that the source code was material to the cases presented. Attorneys have since shown potential anomalies with the CMI Intoxilyzer 8000 results. If the state does not release the source code so it can be examined, and cannot provide an expert to show that the device is, “accurate and reliable scientifically,” there exists the potential that breath test results from the CMI Intoxilyzer 8000 may be inadmissible

 


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Time is of the essence.

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DUI Information Center

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Morris Law Firm, P.A. | DUI Breathalyzer Attorney

If you have been arrested for DUI and took a breath test in St. Petersburg or Clearwater, Pinellas County or Tampa, Hillsborough County, Florida, contact the Morris Law Firm, P.A., St. Petersburg DUI attorney. We are also able to answer your questions about other drunk driving tests (urine tests, blood tests, refusal) in St. Petersburg and Clearwater, Pinellas County, Florida and areas in Manatee, Pasco, Sarasota, and Hillsborough Counties.  Provide the Morris Law Firm, P.A. with your DUI case details in our online form, or call us today at (727) 388-4736.

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