Understanding the Intoxilyzer 8000 in Florida: A Comprehensive Guide

Introduction

The Intoxilyzer 8000 is a crucial instrument in Florida’s Alcohol Testing Program, administered by the Florida Department of Law Enforcement (FDLE). This guide, serves as a comprehensive reference for users, focusing on the instrument’s functionality, operational modes, and procedures. This discussion will delve into the key sections outlined in the guide, offering an in-depth understanding of the Intoxilyzer 8000’s design, usage, and significance in enforcing alcohol-related laws in the state.

I8000ReferenceGuide

Section A: The Instrumentation

The Intoxilyzer 8000 is designed for both mobile and stationary breath alcohol analysis and operates with either a 110-volt AC or 12-volt DC power source. The method of analysis employs infrared light absorption, where the amount of infrared light absorbed by the alcohol in the sample correlates with the alcohol concentration. This section details the components involved, such as the sample chamber, light source, filters, detectors, and microprocessor.

Operational modes, including NOT READY, READY, STANDBY, and DISABLED, are explained, providing insights into the instrument’s readiness and functionality. Tones, diagnostics checks, and control tests are also discussed, emphasizing the importance of ensuring the instrument’s proper calibration and functionality.

Section B: The Dry Gas Standard

The Dry Gas Standard is a critical component used to calibrate the Intoxilyzer 8000. This section details the connection of the gas cylinder, analysis procedures, and messages related to gas pressure. The guide emphasizes the significance of maintaining the appropriate gas concentration for accurate calibration and outlines the steps for replacing or removing the Dry Gas Standard Cylinder.

Section C: User Menus

The instrument’s user menus are explored, offering a multi-level interface for users. Level One, accessible to Breath Test Operators, allows actions such as recalling test results and changing the gas cylinder. Level Two, available to Agency Inspectors, provides additional functions like setting date and time, diagnostics checks, and agency inspections.

Section D: Subject Breath Tests

This section outlines the necessary information for conducting breath tests, including required details about the subject, observation periods, agency codes, and violation codes. The breath test sequence is described, emphasizing the importance of obtaining a reliable breath sample meeting specific criteria.

Section E: Agency Inspections

Agency inspections play a crucial role in maintaining the accuracy of the Intoxilyzer 8000. This section details the sequence of pre-inspection checks, including alcohol-free tests, interferent detection, and control tests. The post-inspection procedures, including diagnostics checks and electronic upload requirements, are highlighted, underscoring the instrument’s accountability.

Agency Inspections are a fundamental aspect of maintaining the accuracy and reliability of the Intoxilyzer 8000. These inspections are conducted by specially designated professionals known as Agency Inspectors. Let’s delve into the role and responsibilities of these inspectors in ensuring the proper functioning of the instrument and adherence to established standards.

Role of Agency Inspectors:

Calibration Oversight:Agency Inspectors play a pivotal role in ensuring the accurate calibration of the Intoxilyzer 8000. Calibration is crucial for obtaining precise and legally defensible breath alcohol concentration results. These inspectors are responsible for overseeing and conducting calibration procedures at specified intervals.
Equipment Verification:Agency Inspectors are tasked with verifying that the Intoxilyzer 8000 equipment meets the necessary standards set by regulatory authorities. This involves thorough checks of the instrument’s components, including the sample chamber, light source, filters, detectors, and the internal printer.
Compliance Monitoring:Ensuring compliance with established protocols and guidelines is a key responsibility of Agency Inspectors. They are required to meticulously review test records, inspect the instrument’s physical condition, and validate that the Intoxilyzer 8000 is operating within the parameters defined by regulatory authorities.
Troubleshooting and Issue Resolution:In the event of diagnostic failures, calibration issues, or any other malfunctions, Agency Inspectors are trained to troubleshoot and resolve problems promptly. Timely intervention is critical to maintaining the instrument’s reliability and accuracy.
Electronic Data Upload:Agency Inspectors are responsible for electronically uploading inspection results to the central database within a specified timeframe, as mandated by regulatory requirements. This ensures transparency and accessibility of inspection data for regulatory oversight.

Agency Inspection Sequence:

The Agency Inspection sequence is a comprehensive process that involves various tests and checks. This includes:

Pre-Inspection Diagnostics Check:Before commencing the inspection, a diagnostics check is performed to ensure that all analytical components and operational standards are functioning correctly.
Alcohol-Free Subject Test:This test involves analyzing the breath sample of a subject known to be alcohol-free, confirming the instrument’s ability to correctly identify a lack of alcohol.
Mouth Alcohol Test:To detect any residual alcohol in the subject’s mouth, a mouth alcohol test is conducted. This is crucial for accurate breath alcohol concentration readings.
Control Tests and Analyses:Various control tests are carried out using dry gas standards and alcohol reference solutions to verify the instrument’s calibration. These tests include analyses at different concentration levels.
Post-Inspection Diagnostics Check:Following the inspection sequence, a final diagnostics check is performed to ensure the continued proper functioning of the Intoxilyzer 8000.

Reporting and Accountability:

Upon completing the Agency Inspection, the Intoxilyzer 8000 generates an Agency Inspection Report. This detailed report includes the results of each test conducted during the inspection. The report serves as an official document, providing a comprehensive overview of the instrument’s performance during the inspection.

Electronic Data Upload Requirement:

In accordance with Chapter 11D-8 of the Florida Administrative Code, Agency Inspectors are obligated to electronically upload the inspection results to the central database within five business days. This requirement ensures real-time monitoring and regulatory oversight, contributing to the accountability and reliability of breath alcohol testing in the state.

Conclusion:

Agency Inspectors play a critical role in upholding the integrity of breath alcohol testing through meticulous inspections, adherence to protocols, and proactive issue resolution. Their commitment to maintaining the accuracy of the Intoxilyzer 8000 contributes to the credibility of alcohol testing results, making their role essential in the pursuit of justice and public safety.

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Section F: Intoxilyzer 8000 Error Messages

Various messages displayed by the Intoxilyzer 8000 are explained, covering scenarios such as sample refusal, diagnostic failures, interference detection, and calibration issues. Understanding these messages is vital for operators and inspectors to ensure proper test outcomes.

Conclusion

The FDLE Intoxilyzer 8000 Reference Guide serves as a comprehensive resource for operators and inspectors involved in alcohol testing in Florida. This guide ensures the proper usage, calibration, and maintenance of the instrument, emphasizing the importance of accuracy and reliability in enforcing alcohol-related laws. As technology and regulations evolve, ongoing training and reference materials will play a crucial role in the effective use of such instruments in law enforcement.

Help with the I-8000

For legal guidance and support regarding alcohol testing procedures and related matters, contact Casey the Lawyer at 813-222-2220. Casey specializes in providing legal assistance to operators, inspectors, and law enforcement professionals dealing with the Intoxilyzer 8000. Commitment to accuracy and adherence to proper testing procedures aligns with Casey’s dedication to upholding justice and ensuring fair legal outcomes.

Remember, in the ever-evolving landscape of alcohol testing, staying informed and having a reliable legal ally are key to maintaining the integrity of law enforcement processes. The FDLE Intoxilyzer 8000 Reference Guide, coupled with Casey the Lawyer’s expertise, forms a formidable combination in the pursuit of justice and public safety.

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DUI News

Tampa Intoxilyzer 8000 | Criminal Defense Expert Update

May 2, 2018November 15, 2023 W F Casey Ebsary Jr

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“Did the sample that was analyzed and reported meet the minimum breath volume criteria for a sample?”

Tampa, Florida DUI Attorney, Lawyer W.F.”Casey” Ebsary, Jr. ran into a potential witness in during our live coverage of the Intoxilyzer 8000 hearings in Tampa’s Circuit Courthouse. He has given us some interesting findings of breath test data that is not disclosed to Florida DUI Defense Attorneys that may be helpful to fighting DUI charges that use a breath result. DUI consultant Stephen Daniels with DUIUndo.com has given us some interesting information about the Intoxilyzer 8000, I-8000.

“The state cannot prove that any breath test result from Intoxilyzer 8000 is reliable without presenting the individual Cobra data for the specific test in question.”

We already knew, before Mr. Daniel’s report, that the Intoxilyzer 8000 used in Florida DUI prosecutions will automatically log on to the Florida Department of Law Enforcement’s computer network and upload activities including calibration, testing, and individual DUI defendant’s tests. This auto-login will occur every 150 DUI subject tests. This data is commonly referred to as C.O.B.R.A. Data. C.O.B.R.A. stands for Computer Online Breath (BrAC) Archives. We routinely access these records in defending DUI charges in Tampa, Florida and elsewhere.

Breath Test Issues in a DUI Case? Click the Call Me Button above or give me a call, tell me your story 813-222-2220.

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Some people refer to COBRA as: In simple terms, C.O.B.R.A. is a cross-jurisdictional database search and analysis system. In Florida, COBRA Data is referred to as: “Computer On-line Breath Archives” We publish the story and a few notes by Florida DUI Attorney, Casey Ebsary, below:

Stephen Daniels Writes on Intoxilyzer Software

I had my first out of state case and attached is the Cobra Data from an Oregon Intoxilyzer 8000. If all Intoxilyzer 8000’s are the same, and if all states design their own software, could the defense bar raise an argument as to whether FDLE/ATP ‘intentionally’ designed the Florida Cobra Software to ‘exclude’ extremely critical breath tests data from the defense? If they did, wouldn’t this be an ‘Intentional Tort’ or Official Negligence and wouldn’t that because for suit. If yes, then would this also not be a Brady Violation and a violation of the [Florida Rules of Criminal Procedure]:

Florida Criminal Procedure 3.220 (4) As soon as practicable after the filing of the charging document the prosecutor shall disclose to the defendant any material information within the state’s possession or control that tends to negate the guilt of the defendant as to any offense charged, regardless of whether the defendant has incurred reciprocal discovery obligations.

Note From Florida DUI Attorney: The Intoxilyzer 8000 used in Florida DUI prosecutions will automatically log on to the Florida Department of Law Enforcement’s computer network and upload activities including calibration, testing, and individual DUI defendant’s tests. This auto-login will occur every 150 DUI subject tests. This data is commonly referred to as C.O.B.R.A. Data. C.O.B.R.A. stands for Computer Online Breath (BrAC) Archives. We routinely access these records in defending DUI charges in Tampa, Florida and elsewhere.

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Oregon Cobra Data Sample

If you notice pic 082 jpg of Oregon’s Cobra Data, that data includes two more lines of data than the Florida Cobra data. Those two additional lines of data; the sample duration and the ‘sample attempts raise serious doubts as to what is actually analyzed and reported. If you notice the 1st sample has

BrAC: 0.184
Breath Volume: 2.355
Sample Duration: 8.28
Sample Attempts: 2

This breath test sample did not have a ‘VOLUME NOT MET’. It was the result of two (2) sample attempts each of ‘unknown’ sample duration. The print out from the Florida and Oregon Intoxilyzer 8000 printers only show the BrAC results and air blanks. Florida Cobra shows the additional Cobra data of the ‘Breath Volume”

However, the Oregon Intoxilyzer 8000 Cobra data shows ‘additional data’ not only of the breath volume, it also shows the following information that is vital to determining what actually happened during the individual breath test blows The Oregon Intoxilyzer printout that the state discovered only shows that my client provided two test results. But the Oregon Cobra Data (pic 82 jpg) from my PRR revealed data that shows that my client actually made to (2) sample attempts on the 1st test blow:

Sample Duration: 8.28
Sample Attempts: 2

Question From Tampa, Florida DUI Attorney: Why is each state making custom software modifications to these machines that have been approved by the United States Department of Transportation D.O.T.?

The questions become, ‘Does that void of vital test information in Florida’s Cobra go to the admissibility or the weight of the evidence? And then the questions for the evidence become: ‘What sample was analyzed the 1st or 2nd? And, ‘What was the time duration of the sample analyzed and reported? And, ‘Did the sample that was analyzed and reported meet the minimum breath volume criteria for a sample?’

Florida Intoxilyzer Test Requirements

We know from the online FDLE/ATP records that the Intoxilyzer 8000 does not need the 1.1 liter of breath volume to issue a BrAC result. There are 1000’s of breath test results that have a BrAC result with only a 0.015 breath volume. My point is, per Florida’s records, and applying the missing Oregon’s Cobra Data to any test result from a Florida Intoxilyzer 8000, could the defense not argue that ‘without’ full disclosure of the ‘individual Cobra Test data’ the state cannot proffer these results as ‘scientifically reliable or accurate’. Why? Because the state cannot show that the minimum criteria was in fact met when more than (1) sample was provided during the 1st or 2nd breath samples, and without this data the state cannot prove that any BrAC result from a Florida Intoxilyzer 8000 is in ‘Barfield’s terminology’…. wait for it….. Quantitative of the Subject’s Breath Alcohol Level.

What does Cobra stand for and how can it help us Beat a DUI Breath Test?

C.O.B.R.A. stands for Computer Online Breath (BrAC) Archives.

Oregon Cobra Data Set

The state cannot prove that any breath test result from Intoxilyzer 8000 is reliable without presenting the individual Cobra data for the specific test in question. This data includes additional data surrounding test actual breath test sample and what was happening ‘exactly’ during each breath test sample. The COBRA data that is available on the Intoxilyzer 8000 is:

1. BrAC result
2. Breath Volume
3. Flow Rate (R Value)
4. Sample Duration (seconds)
5. Sample Attempts
6. Sample Chamber Temperature
7. Barometric Pressure
8. All Diagnostics During Sample Collection
9. Rounded Slope
10. Rounded Intercept
11. Stored Tests in Memory Mask

Tampa DUI Attorney Note: Florida only requires the report spit out of the machine at the time of testing and a few documents that establish monthly and annual testing / calibration to be put before a jury.

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Attorney

1st Time DUI, 2nd Time DUI Or More

Story of a Typical Tampa DUI Traffic Stop

April 4, 2018January 6, 2022 W F Casey Ebsary Jr

The Story of a Typical DWI / DUI Traffic Stop

Name: Law Office of W.F."Casey" Ebsary, Jr.
Price range: $$$

Story of a Typical Florida DUI Traffic Stop

Imagine a visit to the Tampa Bay area, on a Florida vacation. There is a dui traffic stop or a minor accident and the cop smells alcohol and asks you to step from the car. The cop often innocently asks if the driver needs directions. More questioning will follow as to where you came from and where you were going. A series of “tests” designed to be recorded and to make drivers look at the very least silly usually follows.

To Jump ahead Choose One of These Topics

What happens to me after a DUI arrest?

How do I get out of jail after a DUI Arrest?

What happened to my car?

How do I get my Driver’s License back after a DUI charge?

How do I get a copy of the Police Reports?

What happens to me after a DUI arrest?

Failure of Roadside “Tests”

Upon your imminent “failure” of this field or roadside sobriety tests you are part of a DUI Traffic Stop. The cop who stopped you may call a “DUI specialist” to the scene of the traffic stop. Then an officer will take you and the video to the county jail. Then at the jail, an officer asks you to submit to a breath test.

Loss of Privilege

If you don’t comply with the request, the officer seizes your driver’s license and the law suspends your driver’s license immediately or in as little as 10 days. A national data-sharing system shares this event with all 50 states. Your insurance company, an employer, a potential landlord, a potential employer will now have easy access to this alcohol-related traffic stop.

Recording of “Test”

Some Florida counties also produce a video at the jail at or near the time of the breath test. Hernando County, Florida is one such county. Hillsborough County Florida sometimes records the performance of field sobriety test in a room at the jail. The police will sometimes record the request ( in Florida, an Implied Consent warning ) and refusal to take a breath test on video.

DWI Defense or DUI Defense under the strict Florida law can be quite challenging. Often the police are the main and only witnesses. Licenses authorities, prosecutors, and judges will have access to a video of your driving and your field sobriety tests.
Under Florida public records law, the media can obtain copies of all reports, including this video.

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How do I get out of jail for a DUI Arrest?

How Do I Get Out of Jail After a DUI Arrest?

If the result is over .08, then the jail is required to hold the driver until a second breath test is less than .08. This is true even though bond has been posted. Upon release from jail, drivers wonder, what happened to my car? Cops usually will rummage through the vehicle seeking cash, contraband (usually drugs or weapons or open containers of alcoholic beverages). A tow truck is generally called to the scene and the vehicle is impounded.

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What happened to my car?

What Happened To My Car After My DUI Arrest?

Getting the vehicle back can be quite a challenge. Once you figure out who took your car and where it went, these operators require a photo ID. This is tough since the cops took your license in their efforts to suspend your license.

You must confront the scientific evidence from the breath test and/or the blood tests. Damaging evidence against you may include the breath test, the blood tests, officer’s testimony, and Standard Field Sobriety tests.

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How do I get my Driver’s License back?

How do I get my Driver's License back after a DUI arrest?

Business Purposes License

If you have no prior DUI charges, then you may be eligible for a business purposes only restricted driver’s license. You can waive any challenges to the traffic stop, the alleged refusal to submit to a breath test, or having a breath result of over .08 at the time of the alleged driving. This waiver permit costs around $500. You pay directly Alcohol Traffic Education, the Bureau of Administrative Reviews, and the Division of Drivers Licenses directly. The disadvantage of a business purposes only restricted driver’s license is a permanent entry on your driving record. The entry lists the traffic stop, the refusal, and a breath result over .08.

Hardship License

Another option, usually with the help of a Tampa DUI Lawyer, is to have your attorney request an administrative hearing (with or without witnesses ). You have 10 calendar days from the DUI traffic stop to pay a filing fee and request a hearing. The hearing may be set within 30 days. Your DUI ticket says if you are eligible for a 42-day hardship license. You may challenge the facts and validity of the DUI arrest and the DUI traffic stop under the Florida Law.

Standards For Suspension

The arresting officer sought the suspension of your driver’s license on the date of the DUI stop. The hearing officer uses the standards of the Florida Administrative Code. The hearing officer uses a checklist from that code to validate the suspension of your driver’s license. The checklist covers a few technical requirements surrounding the DUI traffic stop. It also covers the refusal to submit to a DUI breath test. Further, it covers the evidence of a valid DUI breath test over .08 on the Intoxilyzer 8000 breath machine.

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How Do I Get a Copy of My DUI Arrest Police Reports?

How Do I Get a Copy of the Police Reports of My DUI Arrest?

A competent DUI Defense Attorney can file proper legal requests meeting all deadlines. These force the state to provide all information they intend to use against the driver. Some Florida DUI Lawyers have knowledge of the highly technical issues covered in this article and can establish your defense against DUI charges. In Florida, DUI is a serious charge. A conviction usually results in a nearly permanent entry on your driving record, even if you do not have a Florida driver’s license. You cannot seal or expunge the record of this conviction to prevent others from uncovering this event in your life. You need a serious defense. A Board Certified Criminal Trial Lawyer in the Tampa Bay Florida area, can be your attorney and defend you against drunk driving charges and other traffic offenses. A DUI / DWI lawyer to defend against this charge is available right now. Please call 813-222-2220.

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Breath Test Over 08, Breath Test Refusal, Commercial DUI

Broken Breath Machine Means No DUI Conviction

March 25, 2018July 10, 2018 W F Casey Ebsary Jr

The Case of the Bad Breath Machine

If the State does not prove intoxication, there is no DUI conviction. Recently, we at DUI2Go encountered a tough case where the driver had blown into an Intoxilyzer 8000 breath machine and exceeded the legal limit in Florida of .08. Fortunately, our office has access to the logs of all breath test given by all machines in Florida and the maintenance records of these machines. As a result, we are sharing some of the Florida Department of Law Enforcement Intoxilyzer 8000 files. This is the Florida Department of Law Enforcement Alcohol Testing Program Intoxilyzer 8000 Operational Procedures also known as Form 37. In addition, the Florida Department of Law Enforcement also uses Form 38 Breath Alcohol Test Affidavit. Finally, there is some great information in the Alcohol Testing Program Intoxilyzer® 8000 Reference Guide.

The Accuracy of Intoxilyzer 8000 in Court

Before 2014, often the state did not present scientific evidence of the machine’s accuracy. Recently, a Florida Driving Under the Influence court ruled in State v. Garcia, (20th Cir Aug 20, 2014) that the State Attorney must establish the admission of an Intoxilyzer Breath Test result. Prosecutors must use the traditional scientific predicate to introduce breath test results from Intoxilyzer 8000 in a trial. The court ruled that it could not determine whether the modified Intoxilyzer 8000 used in Florida was same machine/instrument approved by NHTSA ( National Highway Traffic Safety Administration ) for use in Florida.

Sometimes we uncover broken Intoxilyzer 8000 breath machines. We reviewed this official FDLE Form 41 Department Inspection Report records of this machine. The machine had not passed the post-inspection Diagnostic Check. The instrument does not comply with Florida Administrative Code Chapter 11D-8. In addition, after failing its monthly inspection there was no evidence of repairing the machine. Notably, the machine returned to service without any repair record.

No Proof, No DUI Conviction

When the Intoxilyzer 8000 has not been maintained, the results may be thrown out. Without that evidence, it is difficult for the state to prove your guilt. Sometimes the state will offer a reduced charge of reckless driving does not carry the risk associated with a DUI conviction. If you have another DUI conviction later, your prior convictions enhance your penalties. Your conviction penalties may include; fines, ignition interlock device, license suspension or revocation and jail or prison. Multiple DUIs can carry mandatory jail time. Once a driver has three or more DUI convictions, it becomes a felony.