FDLE's Intoxilyzer 8000 Records
The Alcohol Testing Program (ATP) for the Florida Department of Law Enforcement (FDLE) has exclusive responsibility for the registration and the annual inspects of the breath test machines. 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 have been arrested for DUI after blowing into the breath test machines used throughout Florida, your criminal defense attorney can research information about the Intoxilyzer 8000 used in your particular case. Additionally, your attorney can find out important information about your breath test and the problems with the machine used in your case.
This particular article explains what information is 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 substantial compliance with the administrative rules at the time of your test.
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 when conducting an audit of a subject breath test result is looking at the subject test electronic data which is available on the FDLE website within a few months after the subject breath test.
Click here to find a 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 incuding:
- 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.
The log in records are sorted under the section for "Miscellaneous Electronic Data" on the page for Inspection Test and Miscellaneous Electronic Data. 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. 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 log ins associated with the last agency inspection prior to the subject test.
Third Step - Subject Test Inquiry for the Intoxilyzer 80000
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 a 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 test requires a minimum of 1.1 liters of air, although many results from two to three times that amount of air.
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.
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 criminal 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 Friday, September 7, 2018.