RFI on Intoxilyzer 8000 in Florida
Can Radio Frequency Interference (RFI) inflate the breath alcohol concentration (BrAC) reading on the Intoxilyzer 8000 breathalyzer used in Florida?
Any type of radio transmitter, including police radios and cellular phone, emit radio waves. The Intoxilyzer 8000, put into evidentiary used in Florida more than 10 years ago, was designed to be protected from radio waves because of its metal cover and shielding around power supplies and to terminate a test in progress if it detects a certain threshold of RFI.
The Intoxilyzer 8000 was developed before cell phones and body cameras were being used. So what happens when the officer and suspect walk into the breath testing room with a smart phone, lab top computer, police radio, body camera, and an Apple watch?
CMI, the manufacturer of the Intoxilyzer 8000, paid for a study of Radiated Radio Frequency Susceptibility in 1983. The participates in the study measured readings from the Intoxilyzer under different RFI conditions with different distances and field strengths to determine whether the machines were properly functioning. But the study was completely inadequate and shockingly unscientific.
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Attorney for RFI Problems on the Intoxilyzer 8000 in Florida
Read more about how we fight to protect our clients charged with a high Breath Alcohol Concentration (BAC) reading in Tampa, Hillsborough County, FL.
Contact us for a free consultation to discuss your case. We can help you understand how problems with the Intoxilyzer 8000 and the alcohol testing procedures used in your case might have impacted the results.
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Changes in Technology Impacting the Old Intoxilyzer 8000
The Intoxilyzer 8000 was developed in 1999. By 2002, the machine was place on the conforming projects list. It has remained exactly the same since then. In fact, the technology used in the Intoxilyzer 8000 is so old that it communicates through a dial-up modem.
When the Intoxilyzer 8000 was developed, the triggers for the RFI error or exception message could only be programmed based on the existing technology. This means that when the Intoxilyzer 8000 RFI module was invented, we were using 3G technogloy. We didn’t move to 4G until 2009. Ten years later, 5G is being used.
Compare the technology in the first Bluetooth phone released in 2001 with the most recently released IPhone.
Can Cell Phones Be Used to Manipulate the Intoxilyzer 8000 Inspections?
At least one employee of the Florida Department of Law Enforcement (FDLE), Margaret “Maggie” Geddings, was caught using a cell phone to intentionally manipulate the Intoxilyzer 8000 during the departmental inspections.
By holding a cell phone or police radio up to the Intoxilyzer 8000, Maggie Geddings was effectively able to hide evidence that the Intoxilyzer 8000 was unable to pass a monthly inspection.
Assistant State Attorney Adrienne Emerson along with Investigator Renee Pelotte from the State Attorney’s Office took this sworn statement from Maggie Geddings, former FDLE Departmental Inspector, explaining this technique.
This sworn statement is now being provided as exculpatory Brady material to criminal defense attorneys in Okaloosa County. It is really amazing that a prosecutor would insist on getting a sworn statement from a FDLE Departmental Inspector to document exactly how the inspections are being falsified.
Department Inspector Maggie Geddings also trained many of the Agency Inspectors working throughout Florida, and was accused of teaching them how to use a cell phone to prematurely terminate a failing inspection.
The Maggie Geddings technique calls into question the integrity of Florida’s alcohol testing program because if FDLE inspectors are teaching agency inspectors how to hide evidence, then no reading from the Intoxilyzer 8000 should be trusted.
This article was last updated on Friday, June 19, 2020.