Attorneys in Sarasota County successfully argued before a local judge that the Intoxilyzer 8000 currently in use in Florida has never been approved by the FDLE. Carlos A. Canet, a South Florida DUI lawyer has long been familiar with the arguments made in Sarasota.
Basically, it was shown that there was much confusion over which infrared filters are used by the Florida machines. In the Intoxilyzer measures the concentration of alcohol on the breath by calculating how much infrared light energy is absorbed by the sample and at which frequency. The intensity of the absorption is then compared and a ration is determined. If the proper ratio is observed by the machine then the quantity of alcohol is reported based upon the amount of infrared light is absorbed.
The function of the infrared light filters is absolutely critical to this process. Sloppy filters can lead to false positive results. The false positive results or the inability of the Intoxilyzer to accurately identify the actual substance of interest in the sample chamber has been a problem that has continually plagued the Intoxilyzer. In fact, South Florida DUI Defense Lawyer Carlos A. Canet is using this as part of the breath test result challenge he is bringing in Fort Lauderdale DUI court.
In Sarasota, the state and CMI were unwilling to disclose the actual filters by allowing the defense to inspect one of the machines. As a result representations concerning the actual filters used were based upon printed reports and CMI literature. This was found unacceptable and the defense won its motion.
