DUI- Florida - Intoxilyzer 8000 (tm) Breath Test Machine

Criminal defense expert Casey Ebsary investigates the Intoxilyzer 8000 (tm) breath Machines, the exclusive breath testing machine used in Tampa, Florida, DUI cases. This 2 minute tour views the machine from the inside out, covers numerous software revisions and documents leaking tubing inside of a machine recently evaluated.

Florida DUI Breath Testing inside video of Intoxilyzer 8000 (tm) breath testing machine. This production is one of a series of videos, narrated by Florida DUI Attorney, W F Casey Ebsary Jr and gives you an inside look at breath testing procedures used for DUI in Tampa, Hillsborough County, Florida. Casey is a Trial Lawyer and a former Prosecutor, defending DUI charges for over 10 years. Video Courtesy of www.DUIFla.com .

Intoxilyzer(tm) is a registered trademark of CMI .

Florida DUI Breath Test Affidavit Inadmissible

The Florida Supreme Court ruled that the admission of those portions of breath test affidavit pertaining to breath test operator's procedures and observations in administrating the breath test constitute testimonial evidence and violate the Sixth Amendment's Confrontation Clause in light of U.S. Supreme Court's holding in Crawford v. Washington. The Court found that since the Breath Test affidavit is testimonial in nature and was created by technician solely for purpose of proving a critical element in defendant's DUI prosecution, the general rule that records kept in ordinary course of business are generally admissible does not apply when record is being prepared at specific request of law enforcement agency and is not simply a record that is normally generated by that business under circumstances that do not involve law enforcement.

In case at issue, it was error to admit those portions of breath test affidavit pertaining to breath test technician's procedures and observations in administering the test. Source: 33 Fla. L. Weekly S279a

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Florida DUI Faulty Intoxilyzer Charges Dropped

One Florida DUI defendant arrested in Miami Beach proved that a Breathalyzer test he allegedly failed a month ago was incorrect. Law enforcement officers asked the defendant to blow into their Breathalyzer - to determine if he was DUI - too drunk to drive. The test suggested the guy was just over the legal limit. This just in - the Breathalyzer machine that cops used was broken. Another machine proved the poor chap was just under the legal limit. But Miami Beach's District Attorney still has yet to drop Florida DUI charges.

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Florida DUI Blood Test Back Log

There is huge Florida DUI Blood Test Back Log. The Florida Highway Patrol usually seeks blood testing in cases involving death or great injury if investigators believe alcohol was involved, agency spokesman Lt. Bill Leeper said to the Florida Times Union. The wait is nerve wracking for drivers with DUI attorneys and lawyers in Florida and the Tampa Bay area.

The six labs operated by the Florida Department of Law Enforcement with 394 employees to examine blood samples had a $28 million dollar annual budget. The labs had an average backlog of 36 days in 2006, up from 32 days in 2005 and 26 days just a year earlier. The labs attempt to analyze whether drivers in serious crashes had been drinking. In 2002, FDLE received 75,034 requests for tests and completed 73,539. In 2006, the backlog had increased to 93,138 requests with 80,457 completed.

"The Tampa facility [Hillsborough County] is busting at the seams," Barry Funck, director of forensic science for FDLE said.

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Florida Intoxilyzer 8000 Documentation

Documentation of most, if not all data uploaded from Florida's Intoxilyzer 8000, correspondence from the Florida Department of Law Enforcement breath test officials, and correspondence from CMI, the manufacturer are available here http://www.fdle.state.fl.us/atp/publicrecords.htm . Many of the records are searchable pdf files, while some are scanned and therefore not searchable. Broadband connection recommended.

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DUI Tampa - DUI breath tests ruled back in play

Seminole judges wrong to reject evidence, appeals court decides

Rene Stutzman Sentinel Staff Writer Posted June 29, 2006

SANFORD -- An appeals court on Wednesday handed accused drunk drivers a huge defeat. It ruled that judges who have thrown out virtually every breath-alcohol test in Seminole County in the past 18 months were wrong.The ruling affects more than 100 pending DUI cases currently on appeal in Seminole, said Assistant State Attorney Gino Feliciani, and restores one of the state's most powerful pieces of evidence. It's a piece that Seminole judges stripped from about 1,500 DUI cases. Four of Seminole's five county judges who hear those cases tossed every breath test that came before them when defense attorneys asked for the computer source code at the heart of the state's breath-alcohol test unit.

Who installs the Ignition Interlock device?

The vendor for South Florida counties is Interlock Systems of Florida. 1-866-837-8646. The vendor for North Florida counties is Interlock Group of Florida. 1-800-728-7396.

DUI Defendants Skip Charge By Asking How Test Works

DUI Defendants Skip Charge By Asking How Test Works: "DUI Defendants Skip Charge By Asking How Test Works"

Hundreds of cases involving breath-alcohol tests have been thrown out by Seminole County judges in the past five months because the test's manufacturer will not disclose how the machines work. All four of Seminole County's criminal judges have been using a standard that if a DUI defendant asks for a key piece of information about how the machine works - its software source code, for instance - and the state cannot provide it, the breath test is rejected, the Orlando Sentinel reported Wednesday. Prosecutors have said they do not know how many drunken drivers have been acquitted as a result. But Gino Feliciani, the misdemeanor division chief in the Seminole County State Attorney's Office, said the conviction rate has dropped to 50 percent or less."