FDLE’s Intoxilyzer 8000 Records
Since 2006, the only breath test machine used for evidentiary purposes in Florida is the “Intoxilyzer 8000.” Jurors are often shocked to learn that each machine and its software is over 16 years old! The jurors become even more shocked by the bizarre and nonsensical inspection practices required by FDLE.
We wrote this article to help other attorneys search for information on the FDLE website concerning a particular subject test or Intoxilyzer 8000 instrument. At Sammis Law Firm, we audit the Intoxilyzer 8000 used on each client who underwent a breath test.
When we find a problem with any particular machine during our audit, we file and litigate motions to suppress and exclude the breath test results because of the failure to comply with the rules. Just filing the motion often leads to better pre-trial negotiations and a reduction in the charges from DUI to less serious charges such as reckless driving.
At Sammis Law Firm, our offices are conveniently located in downtown Tampa in Hillsborough County, FL. We also have offices in New Port Richey across from the West Pasco Judicial Center and Clearwater near the Pinellas County Criminal Justice Center (CJC) courthouse.
This article explains how an attorney can perform this type of audit for their client. Because the FDLE website publishes the data online, this article includes links to find that information quickly. For more information, call 813-250-0500 to discuss your case with an attorney at Sammis Law Firm.
First Step – Find the Subject Test Electronic Data
The first step is finding the “subject test electronic data” for a particular subject. This information is uploaded to the FDLE website within a few months after the subject’s breath test.
To find this information, you need to know the date and time of the subject test and the serial number of the breath test machine. This information is listed on the subject’s “Breath Alcohol Test Affidavit” Form 38, provided in discovery by the State Attorney’s Office.
Additionally, if you request a formal review hearing at the Bureau of Administrative Review (BAR) in the Department of Highway Safety and Motor Vehicles (DHSMV) within ten days of the arrest, then you can obtain the “Breath Alcohol Test Affidavit” in the packet. If you didn’t request a formal review hearing, you should still make a public record request for the packet within the first 30 days of the arrest.
The original Breath Alcohol Test Affidavit is printed at the time of the test and signed by the breath test operator before being uploaded to the FDLE’s database (often called the “discovery copy”).
You can find the electronic version of that document by clicking on the link to the “Subject Test Electronic Data“ section on the FDLE website. The subject test electronic data shows the following:
- the instrument serial number;
- which agency the instrument is registered to;
- the date and time of the test;
- the breath test operator;
- the software version;
- when the observation period began;
- the breath test operator agency;
- the arresting officer, the arresting officer’s agency;
- the dry gas standard lot number;
- the arrest time;
- the violation code (usually “DUI”);
- the last agency inspection;
- the subject’s last name; and
- the gender of the subject (either “male” or “female”).
If no fail-safe error/exception flags are presented, the following numerical results are typically shown:
- the diagnostic check;
- the first air blank;
- the control test;
- the second air blank;
- the subject’s first sample;
- the breath volume of the subject’s first sample;
- the third air blank;
- the fourth air blank the subject’s second sample;
- the breath volume of the subject’s second sample;
- the fifth air blank;
- the second control test;
- the sixth air blank; and
- the second diagnostic check.
The subject test electronic data also shows the date and time the data was downloaded from the breath test instrument to the mother computer at FDLE in Tallahassee. You can search for one person’s breath test or see everyone who blew before and after that person on that particular instrument.
You can compare any error (exception) messages on that particular machine during a given month or year to statistically average error rates reported by FDLE monthly and annually.
Second Step – Login Records for a Particular Intoxilyzer 8000 Instrument
If you are performing an audit of a breath test reading, the second step is looking carefully at the login records for the particular breath test machine used in your case. Click here to find the login records for an Intoxilyzer 8000 machine.
Under the section for “Miscellaneous Electronic Data” on the page for Inspection Test and Miscellaneous Electronic Data, you can find the login records. The records are grouped by year for each machine’s serial number. By looking at the login records, you can find any “unexplained logins” that often indicate an unreported problem with the machine.
For example, an agency or departmental inspector can “dump” any data of a failed inspection simply by unplugging the machine before the inspection is completed. After the machine is unplugged or loses power for any other reason, no inspection data is preserved except for the unexplained login. For this reason, you should look for unexplained logins associated with the last agency inspection before the subject test.
You should also be aware that the agency inspector can hit the “backspace” button to delete notations about error or exception messages from the comment section of the ATP Form 40 – Agency Inspection Report. For some tests, such as the mouth alcohol test that failed the first test but not the retest, the error message in the remarks section is the only indication on the Form 40 that the error or retesting occurred.
The inspectors even have a way to hide the login notation by changing the date and time on the Intoxilyzer. For this reason, we sometimes find login records dated years in the future.
The agency inspector can even hide data by changing the serial number of the machine. For instance, in Hillsborough County, it recently came to light that the serial number of a machine was changed to “00-000000.” FDLE accidentally posted that record online, which led to its discovery.
Third Step – Monthly Agency Inspection Test for the Intoxilyzer 8000
After reviewing the subject test electronic data in step one, you can determine the date of the last agency inspection. You should then download this information to look at all agency inspections for at least a year before the date your client was tested.
You also want to periodically check the results each month to find out whether any problems with the machine occurred after your client was tested by finding the electronic data for the Monthly Agency Inspection Tests for the Intoxilyzer 8000.
Many Form 40 discovery copies maintained by the agency are also published on the FDLE website – Form 40 Monthly Inspections.
Fourth Step – FDLE Departmental Inspections for the Intoxilyzer 8000
The FDLE Departmental Inspections occur each calendar year and each time the instrument is “returned from” an authorized repair facility, including Enforcement Electronics in Lakeland.
- Instrument Files and Registrations for Florida’s Intoxilyzer 8000 – Department inspection reports, field notes, instrument registrations, correspondence records, correspondence concerning agency inspection reports, and agency inspections received by Florida’s Alcohol Testing Program (ATP), and other miscellaneous documents and correspondence for the Intoxilyzer 8000. Click here to find all of the Department Inspections in 2017.
- Subject Test Statistics – Find monthly statistics for each instrument and a yearly summary. The statistics are vital when determining whether a particular instrument has a problem that is not typical.
- Correspondence and Miscellaneous Information on Intoxilyzer 8000 – FDLE Intoxilyzer 8000 correspondence, CMI Intoxilyzer 8000 correspondence, and other related correspondence.
The Intoxilyzer 8000 Instruments used in Hillsborough County, FL, include the following serial numbers:
For each breath test, the DHMSV and the prosecutor with the State Attorney’s Office are required to release only certain information, which includes the breath test reading, the serial number of the instrument used, and the time of each test.
Other information can be obtained by looking at the subject test data, including the amount of air blown into the machines for each test. A valid sample requires a minimum of 1.1 liters of air.
Fifth Step – Statistical Abnormalities in Subject Tests
One of the easiest ways to find statistical abnormalities for a particular Intoxilyzer 8000 machine is to look at the monthly and yearly reports summarizing the statistical data for error or exception message reports.
The spreadsheets maintained by FDL are organized by serial number, agency, number of tests, and the total number of occurrences of error/exception messages. The spreadsheet also breaks down the following types of error/exception messages, including VNM, SNM, NSP, RFI, SNL, ABT, INT, IPS, RNG, AMB, No 0.02 [agreement], PUR, Ctl Out Tol, Tem Reg, Analy Stabil, EE PROM, VOlt Curr, DSP TEST.
Sixth Step – Review a Blank Form 39 and 42
The administrative rules and procedures for conducting agency inspections are listed on FDLE/ATP Form 39. If you want to understand the violations that can occur during the agency inspection, look at FDLE/ATP Form 42.
These forms are listed on the FDLE website, or use the link below:
- FDLE/ATP Form 39 – Form 39 is used by FDLE to explain the rules and procedures for conducting an agency inspection
- FDLE/ATP Form 42 – Form 42 is used by FDLE ATP staff members to document mistakes made by the agency inspector
FDLE’s ATP staff members use Form 42 to document common mistakes made by agency inspectors. Although FDLE is supposed to find and list these problems on the FDLE/ATP Form 42, many of them go unnoticed or are intentionally ignored.
If you find such a problem during your audit, then consider filing a motion to suppress the breath test results based on a failure to comply with the administrative rules and statutory requirements, including:
- Agency Inspection Discrepancy:
- Untimely/Not Received
- Erroneous Information
- Agency Inspection Not Conducted or Records regarding Agency Inspection have not been uploaded.
- Lot Number Expiration Date is incorrect or expired for Alcohol Reference Solution or Dry Gas Standard
- The agency inspector used expired alcohol reference solutions, then when such as mistake is made, the agency inspector is required to amend the inspection records to show an expired solution was used, and the instruments were not compliant with Chapter 11D-8, FAC.
- FDLE/ATP Form 39 states in part:
- “If a test must be repeated, the REASON must be entered when prompted and recorded in the Remarks section of FDLE/ATP Form 40 Agency Inspection Report – Intoxilyzer 8000.
- Items not recorded on Form 40 include either:
- The REASON for repeating the following test(s); OR
- the Possible Cause and Corrective Action Taken
- Types of tests that might be repeated:
- Alcohol Free Subject Test
- Mouth Alcohol Test
- Alcohol Free Test
- Interferent Detect Test
- 0.05 g/210L Test
- 0.08 g/210L Test
- 0.20 g/210L Test
- 0.08 g/210L Dry Gas Standard Test
- FDLE/ATP Form 39 states in part,
- “If the instrument does not comply with the requirements of Chapter 11D-8, FAC, remove the instrument from service and notify the Department Inspector.”
- The Department Inspector was not notified. However, the issue was satisfactorily corrected, and the repeated Agency Inspection complies with the requirements of Chapter 11D-8, FAC.
- The Department Inspector was not notified. However, the repeated Agency Inspection does not comply with the requirements of Chapter 11D-8, FAC, and the instrument was correctly removed from evidentiary use.
- The Department Inspector was not notified. The repeated Agency Inspection does not comply with the requirements of Chapter 11D-8, FAC, and the instrument was not removed from evidentiary use.
- “If the instrument does not comply with the requirements of Chapter 11D-8, FAC, remove the instrument from service and notify the Department Inspector.”
- The Agency Inspection is noted as “Complies” when it does not comply with the requirements of Chapter 11D-8, FAC.
- OTHER ELECTRONIC DATA REVIEW
- Login Records Date:
- Cylinder Change Records Date:
- Control Test Records Date:
- Diagnostic Check Records
- Comments: might include problems with mistyping lot numbers
- CORRECTIVE ACTION
- Record hand-written amendments on the FDLE/ATP Form 40, Agency Inspection Report, initial and date the amendments, mark the report “AMENDED”, and forward a copy to the Department Inspector by ______ (Date).
- Provide a written explanation regarding the referenced item(s) to the Department Inspector by (Date).
- Upload the Agency Inspection(s).
- Remove the instrument from evidentiary use until otherwise directed by the Department.
- No action req
Seventh Step – Other FDLE Records and Reports
You can also email FDLE to get the Global and Alcohol Testing Profiles of the officers involved in the case, the agency inspector, and the breath test operator. You can also request the Transaction Archive Reports for each of these employees.
The Transaction Archive Reports (TAR) system stores (logs) the complete text of all FCIC/NCIC transactions in offline storage for direct access by FDLE. FDLE has maintained these logs for five years. TAR searches can be requested via email at: TARRequest@fdle.state.fl.us. Include the date and time parameter(s) for the search.
The global profile sheet shows the employee’s name and reported education level. You can find all sworn and instructor employment, including the agency name, employment class, employment type, start date, separation date (if any), separation reason (if any), if the employment was entered under a Temporary Employment Authorization (TEA), and the date (FP Date) fingerprints were processed. The records show certifications and training.
Conducting Audits in DUI Breath Test Cases
Contact an experienced Tampa DUI Attorney to discuss the results of your breath test and find out how any mistake made by the machine, the breath test operator, the agency inspector with the Hillsborough County Sheriff’s Office, or the departmental inspector with the FDLE may lead to the exclusion of your breath test result at trial.
Typical information provided in an audit includes the following:
The breath test, in this case, was conducted on an Intoxilyzer 8000, serial number _____. The machine is owned and operated by the following law enforcement agency: _______________. The machine is registered with the FDLE, ATP. The instrument registration was issued on the following date: ______.
A review of the instruments inspections and “Authorized Service Center” repairs are reviewed. Those repairs included: _______
The agency inspections are each reviewed to determine whether the Agency Inspector found the instrument to be in compliance with Chapter 11D-8 FAC. Each department inspection is also reviewed.
During the audit, all breath tests are reviewed and problems are noted including the number of breath tests attempted which resulted in incomplete tests producing invalid results.
Problems with the Intoxilyzer 8000 Electonic Data Reports
The Alcohol Testing Program (ATP) for the Florida Department of Law Enforcement (FDLE) is exclusively responsible for the registration and the annual inspection of the breath test machines maintained by these agencies.
Florida’s ATP also regulates the agency inspectors and breath test operators who maintain, inspect, and operate the Intoxilyzer 8000 machines throughout Florida. Different law enforcement agencies throughout Florida maintain one or more Intoxilyzer 8000 instruments.
On July 9, 2018, Brett Kirkland, the Program Manager of FDLE’s Alcohol Testing Program, wrote a memorandum on changes to Electronic Subject Test Date April 2014- May 2018.
The memo provides:
In May 2018, it was brought to our attention that the Arresting Officer’s Agency Name and the Breath Test Operator’s Agency Name appeared in reverse order on Electronic Dada reports.
Upon review, it was determined that the field entitled ‘Opr_Agency’ was tabled ‘Arr_Agency’ was mislabeled on the Electronic Data Reports as Breath Test Operator Agency. The fields were reversed, and the reports have been corrected. The template switched fields within the same breath test and no information was crossed with any other breath test.
Please note, the fields and their associated dates were and continue to be correctly labeled in our database and the information for each breath test is contained as a separate and single record. The raw data remains correct and all information was and continues to be properly labeled.
The issue only related to the generation of Subject Test Electronic Data Original Breath Test Affidavits (Form 38) and in no way affected by this issue. Original Breath Test Affidavits are printed at the time of the test and prior to being uploaded to the FDLE’s database.
Search Intoxilyzer 8000 COBRA Data From Other States
Breath Instrument Data Center – The Ohio Department of Health publishes COBRA data for certain information obtained from the various Intoxilyzer 8000 instruments used in Ohio. What are the differences between the information published by Ohio and the information published in Florida?
First, more information is available to DUI defense attorneys in Ohio, including the “Sample Duration” and the “Sample Attempts.” Florida intentionally designed its version of the software to not preserve this information.
Secondly, Ohio publishes the information in a way that is easier to use. FDLE published the data in PDF files which are difficult to search. In Ohio, DUI defense attorneys can use the search options available on the website to find information based on the following fields:
Agency Court Code
Agency NCIC #
Street Number or MP
Intoxilyzer 8000 Records from the Manatee County Sheriff – Visit the website of the Manatee County Sheriff’s Office to find records for the Intoxilyzer® 8000 machines managed by this agency. The website includes the Certificates of Calibration and the Agency Inspection Reports, which are listed by the serial number of the machines maintained by the Manatee County Sheriff’s Office, including 80-000907; 80-000912; 80-000913; and 80-001150. For more information, find a link to the FDLE website for the Florida Dept. of Law Enforcement (FDLE) Intoxilyzer 8000 Records.
Chapter 11D-8 Rules for Florida’s Implied Consent Program – Visit the website of the Florida Administrative Code and Register maintained by Florida’s Department of State to download a copy of the CHAPTER 11D-8 rules that apply to Florida’s Implied Consent Program and FDLE’s Alcohol Testing Program (ATP) including the approval of breath test methods and instruments, alcohol reference solutions and sources, approval of dry gas standards, and agency and department inspections.
This article was last updated on Tuesday, January 2, 2023.
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