Local law enforcement agencies are responsible for checking the temperature of Intoxilyzer 5000 simulator solutions during monthly maintenance procedures. In 2004, Fort Lauderdale DUI defense attorney Carlos Canet was exploring the methods the law enforcement agencies were using to check the Intoxilyzer equipment.
Mr. Canet was interested in investigating the type of water the law enforcement agencies were using to perform blank calibration checks, as it calls for distilled water. Mr. Canet intended to depose as many police agency inspectors as possible to develop the issue of improper maintenance of the Intoxilyzer machines.
While questioning an agency inspector for the Town of Davie, Florida, in 2004 Mr. Canet asked the inspector what water she used to perform a blank calibration check. The inspector responded that she used distilled water. Mr. Canet asked where the distilled water came from, and the inspector did not know. The agency inspector did not even know who supplied the water. The highlight of the conversation was when the inspector admitted that they had not used bottled water for maintenance since the inspector four years prior, and that they were indeed using tap water.
It has been found, without refutation, that the chemicals found in tap water produce false positive results on the Intoxilyzer 5000. This discovery has been a landmark in South Florida DUI defense, and a rewarding journey for Broward County DUI attorney Carlos Canet.
