The defendants in roughly 300 Florida DUI cases in Palm Beach County could be released if a February 23 challenge on blood-alcohol testing equipment succeeds. Lawyers involved with the challenge say that the Intoxilyxer 8000 machine is not legal, because it differs from federally approved models for test blood-alcohol levels.
They also say there is reason to believe that law enforcement officials covered up failed machine inspections. The filing claims that officials covered up failed inspections by unplugging machines that looked like they not pass inspection. In fact, the Florida Department of Law Enforcement fired a breach-machine analyst in 2008 after discovering that the analyst instructed officers to unplug machines.
According to a traffic division commander for the Sheriff’s Office, three deputies watch each inspection and the plugs may have been knocked out accidentally. Challenges elsewhere in Florida have failed, and our DUI defense law firm will be interested in seeing how this one plays out.