Problems with the FDLE ATP

According to the Florida Breath and Blood Alcohol Testing Update, the Florida Department of Law Enforcement (FDLE) Alcohol Testing Program (ATP) is moving toward ANAB Accreditation.

This announcement came during a presentation at the Symposium on Traffic Safety in 2018 by Ann Marie Johnson, Assistant General Counsel and Trooper Legal Advisor, Florida Department of Highway Safety and Motor Vehicles (DHSMV), and Danielle Bell, Department Inspector for the FDLE/ATP.

What is the ANAB Forensic Science Calibration Program?

The ANAB is similar to CALEA and ASCLD-LAB as a third-party accreditation for forensics agencies. For purposes of this accreditation, FDLE/ATP is considered a Breath Alcohol Calibration Laboratory.

For the law enforcement community, it means that government workers who testify in breath test cases will claim that the work done by the ATP meets the standards required by ANAB. Once accredited, the members of the alcohol testing program will say that a third party agrees that their policies and procedures meet their requirements for sound scientific practices.

The ANAB Forensic Science Calibration program can accredit the FDLE ATP as a provider who calibrates breath alcohol measuring instruments. Calibration is the process used to ensure the measuring instrument is accurate for evidential purposes in DUI and alcohol-related driving offense cases.

ATP’s Department Inspection Report – Form 41

Form 41 (ATP’s Department Inspection report) is set in formatting by Rule 11D-8. ANAB requires that Calibration results be accompanied by “uncertainty of measurement.” A form / report was created to meet this ANAB standard. This form does not affect the Department Inspection or change the information contained on the report.

The values listed simply explain that the values found on a Department Inspection will fall within a set range 99% of the time. Essentially, the instrument will read, in this case, a sample of 0.05 g/ 210 L accurately during a Department Inspection to within ±0.004 based on all inspections during the previous calendar year.