FDLE’s Intoxilyzer 8000 Records
Since 2006, the only breath test machine used for evidentiary purposes in breath test cases in Florida is called the “Intoxilyzer 8000.” Many of the different law enforcement agencies throughout Florida maintain one or more of their own Intoxilyzer 8000 instrument.
The Alcohol Testing Program (ATP) for the Florida Department of Law Enforcement (FDLE) has exclusive responsibility 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.
Click here to read more about our Recent Case Results in DUI Intoxilyzer 8000 Cases.
If you were arrested for DUI and blew into the breath test machine, then your criminal defense attorney can conduct an audit on the breath test machine used in your case.
Your attorney can see every monthly and yearly inspection going back for several years. Your attorney can also look at the electronic data for every person who blew into that machine before or after you.
If problems are detected, your attorney can file a motion to throw your breath test out of evidence.
This article explains the information available on the FDLE website concerning the alcohol testing program and individual breath test machines used throughout Florida.
Attorney for Intoxilyzer 8000 Cases in Florida
If you were arrested for a DUI in Florida, hire an attorney who can perform an audit of your breath test instrument to determine whether the machine was in compliance with the administrative rules at the time of your test.
If problems are detected, we can file a motion to suppress or exclude the breath test results. Getting the breath test results thrown out of evidence might lead to a dismissal of the charges.
Just filing the motion often leads to better pre-trial negotiations and a reduction in the charges from DUI to a lesser charge such as reckless driving.
At Sammis Law Firm, our offices are conveniently located in downtown Tampa in Hillsborough County, FL. We also have a second office in New Port Richey in Pasco County, across from the West Pasco Judicial Center.
Contact us to discuss your DUI breath test case.
First Step – 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 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.
You will find this information on the subject’s original “Breath Alcohol Test Affidavit” 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.
The original Breath Alcohol Test Affidavit is printed at the time of the test and signed by the breath test operator prior to 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 including:
- 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 firth 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 that 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 that 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 and compare it to statistically average error rates kept by FDLE on a monthly and annual basis.
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. It is important to determine whether any unexplained logins were made on a particular instrument before an agency inspection or a departmental inspection.
It has been well documented by FDLE that an agency inspector 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, no data of the inspection is preserved, except for the unexplained login. For this reason, it is important to determine if there are any unexplained logins associated with the last agency inspection prior to 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.
Third Step – Subject Test Inquiry for the Intoxilyzer 8000
Often mistakes made by the breath test operator when imputing a subject’s information or when operating the machine are documents in the subject test inquiry.
The records are grouped by serial number, year, and month. Click here to review the Subject Test Inquiry for the Intoxilyzer 8000.
The subject test inquiry records might include the following information:
- memorandum of subject breath test data sent for informational and training purposes to ensure that the breath test operator complies with all steps of the breath test sequence as required by the operational procedures – Intoxilyzer 8000 FDLE/ATP Form 37.
- documents problems with the electronic data for a subject test such as:
- incomplete breath test data when breath was provided during a control test;
- data entry errors;
- requirements of Form 37 not met;
- expired Dry Gas Standard;
- improper data entry; or
- when the sequence was aborted.
The records show the explanation sent from Alcohol Test Program Staff Member to individual breath test operator including when the FDLE requires additional re-training or removal of I8000 from service.
You can not rely on FDLE to post all of the relevant documents. You should also file a PRR with FDLE and the agency seeking any documentation about the breath test machine used in your case to see if anything is missing.
Fourth 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 prior to the date your client was tested.
You also want to periodically check the results each month thereafter 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 of the Form 40 discovery copies maintained by the agency are also published on the FDLE website – Form 40 Monthly Inspections or you can obtain the documents through a public record request to the agency.
Fifth Step – FDLE Departmental Inspections for the Intoxilyzer 8000
The FDLE Departmental Inspections occur on an annual basis 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 statistics on a monthly basis for each instrument and a yearly summary. The statistics are particularly important when determining whether a particular instrument is having 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.
Sixth 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 to offline storage for direct access by FDLE. FDLE maintains these logs for five years. TAR searches can be requested via email at: TARRequest@fdle.state.fl.us. Include the data 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.
Fighting DUI Breath Test Cases
We have provided this information to help other attorneys and members of the public search for information contained on the FDLE website concerning a particular subject test or Intoxilyzer 8000 instrument.
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.
Working to exclude the breath test results is perhaps the most important step in avoiding a DUI conviction after a breath test reading over the legal limit of .08.
Problems with the Intoxilyzer 8000 Electonic Data Reports
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:
On May of 2018, it was brought to our attention that the Arresting Officer’s Agency Name and the Breath Test Operator’s Agency Name were appearing 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. There too 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 the state of Florida?
First, more information is available to DUI defense attorneys in Ohio including the “Sample Duration” and the “Sample Attempts.” It appears that 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.
On the other hand, 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
This article was last updated on Tuesday, May 4, 2021.