Approved Alcohol Reference Solutions
In order for the agency inspection to be conducted in compliance with the requirements of 11D-8, F.A.C., the agency inspector must use approved and non-expired alcohol reference solutions and dry gas standards.
FDLE/ATP Form 39, which is incorporated by reference in Rule 11D-8.006, F.A.C., provides:
"Only approved and non-expired alcohol reference solution and non expired dry gas standards from an approved source must be used during the applicable portions of the inspection.”
For this reason, is a non-approved or expired alcohol reference solution or dry gas standard is used, the agency inspection is done in violation of Rule 11D-8, F.A.C. If the subject test affidavit references an agency inspection that was not in compliance with the administrative rules, then the criminal defense attorney will file a motion to exclude any mention of the breath test reading because of the lack of substantial compliance with the administrative rules.
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How to Determine Whether the Alcohol Reference Solution was Approved
You can determine whether an agency inspection was performed using FDLE approved alcohol reference solutions by looking at a list of Department-approved alcohol reference solutions on the website at http://www.fdle.state.fl.us/Alcohol-Testing-Program/Intoxilyzer-8000-Records/Alcohol-Reference-Solution.aspx.
On the FDLE website, you can find a list of approved alcohol reference solutions that is periodically updated. The list contains the following information about the solutions: the lot number, the simulated breath alcohol concentration, the expiration date, the certificate of assurance, the corresponding analytical summary, and the certificate of analysis.
The website also publishes the loadlist-alcohol reference solution verification that shows the location, sample, instrument parameters, procedure used (ATP-TSOP v.1 section 4), effective date, reagents, calibrators, controls, reference solution, run summary data, alcohol analysis QC summary, and analytical curve.
From the website, you can also access the “Reference Material Certificate of Analysis” prepared by Alcohol Countermeasure Systems Corp., which identifies Alcohol Reference Solution (ARS), the CRM (ethanol in aqueous solution), reference concentration, analytical concentration, batch size, lot number and date of production.
You can also find the Certificates of Analysis for hte Dry Gas Standards used during Department Inspections including the lot number and COA expiration date.
Who Provides the Alcohol Reference Solutions to FDLE?
The approved source for the alcohol reference solutions used in Florida's breath alcohol testing program is a company known as "Alcohol Countermeasure Systems, Inc." which is located at 5818 Hoffner Avenue, Suite 903 in Orlando, FL 32882-4816. According to FDLE, approved alcohol reference solutions may be obtained from other vendors who sell this product.
FDLE ATP Certificate of Assurance
The Florida Department of Law Enforcement (FDLE) Alcohol Testing Program (ATP) publishes the “Certificate of Assurance” on Form 32 (last revised March 2001).
The form certifies that ten sample bottles from the above lot were subjected to duplicate gas chromatographic analysis of their alcohol concentrations, that all the results were within acceptable range, and that this lot of alcohol reference salutation is in compliance with the requirements of Chapter 11D-8, F.A.C. and is approved for distribution and use in the State of Florida.
Each certificate is signed and dated by the FDLE ATP program manager, Brett Kirkland.
The certificate of assurance Form 32 provides:
The Florida Department of Law Enforcement Alcohol Testing Program approves alcohol reference salutation lots used to test the accuracy and precision of evidentiary breath test instruments. Alcohol reference salutation lots are prepared by the Department or by a source approved by the Department, and their analysis is important to establish the reliability of alcohol breath test results.
The certificate of assurance also lists the lot number, simulated breath alcohol concentration, date of approval, source (Alcohol Countermeasure Systems, Inc.), for use through date, and the number of bottles manufactured.
This article was last updated on Friday, September 28, 2018.