The Hole (Whole) Truth

Florida decided to use the Intoxilyzer 8000 as the only acceptable breath test machine in 2002 after conducting an approval study as required by Florida Administrative Code. However, the same code required a new approval be done if the manufacturer made changes to the machine after approval.
During initial testing, the Intoxilyzer 8000 was producing results lower than what was expected. An engineer from CMI indicated that they had an idea to fix the problem. The solution was to drill a small hole in the check valve that releases gas from the sample chamber. Doing this increased the results of each breath test by .02 percent.

Florida can only use a breath test machine which appears on the US Department of Transportation's Conforming Products List (DOT CPL). To appear on this list, a machine must be tested. Subsequent to testing if the manufacture makes changes, these changes are required to be submitted in writing to the USDOT. CMI, the manufacture of the Intoxilyzer 8000 did not notify the USDOT of this change. Further, although some members of the Florida Department of Law Enforcement knew of this change, a new approval study was not conducted on the modified machine.

Based on these failures to follow the administrative code regulating breath testing, an experienced and knowledgeable Daytona Beach DUI Defense attorney may be able to keep the results of the client's breath test from being admissible against them. Every breath test in Florida has been elevated by .02%. Add a .02% control tolerance to the test and a .08% test could easily be as low as .04% if the machine is operating correctly. If the machine is having problems the results could be less accurate. It is important to discuss your case with a Daytona Beach DUI attorney who focuses on DUI Defense.