| You were arrested for DUI. The officer asked you to | | | | The breath Test machine relies on computer programs |
| take the only approved breath test machine in florida: | | | | to convert the breath result into a blood alcohol result. |
| the intoxilyzer 8000, produced by CMI, Inc. You agreed, | | | | Without seeing the source code, criminal attorneys |
| but unfortunately, you failed. | | | | cannot tell if the machine is properly functioning. CMI will |
| Fortunately, all is not lost. The Florida Breath Test | | | | not let criminal attorneys see the code. Therefore, we |
| Machine results may be inaccurate. Below are five | | | | cannot tell if the breath test results are accurate or |
| reasons why: | | | | not. |
| 1. The Intoxilyzer 8000 requires deep lung air for its | | | | 4. The machine assumes a standard human body |
| reading. | | | | temperature for every test subject. |
| In order to be valid, the breath test machine needs a | | | | In order to come to a result of BAC, the Intoxilzyer |
| certain type of lung air: Deep Alveoli Lung air. The | | | | 8000 must take into account the temperature of the |
| problem is, no-one, not even you, can tell if the machine | | | | test taker. But the Florida Machine does not have the |
| has recieved the proper lung air. There is no what to | | | | option to read the test takers actual temperature. |
| qualify the air that is received in the machine. | | | | Rather it takes a generic example: 98 degrees. What |
| Therefore, it is impossible to tell if the first requirement-- | | | | if the test taker is sick? Pregnant? Does it factor in the |
| the right type of air-went into the machine. Without the | | | | inherent temperature difference between men and |
| ability to test the type of air, the accuracy of the | | | | women? It does not, therefore leaving the possibility of |
| reading is questionable. | | | | an inaccurate test reading. |
| 2. The Florida Intoxilyzer is subject to operator | | | | 5. Machines break down. Florida's Breath machine is no |
| manipulation. | | | | different. |
| The old saying in law enforcement breath test training | | | | Everyone knows machines breaks down. And a |
| is: "The longer you go, the higher the blow". Officers | | | | Florida Breath take machine is no different. In fact CMI |
| are taught in the academy that the results produced | | | | only warranties the product for 1 year, yet a Florida |
| can be manipulated by the length of time the subject | | | | Breath Test Machine may be in service for 5-10 years |
| blows into machine. Yet, the Florida Breath Test | | | | or more. Each machine is inventoried by a serial |
| Machine purports to be a scientifically valid machine | | | | number. This allows your criminal attorney to go back |
| that will produced the same results time and time | | | | and check the "maintenance" logs for the particular |
| again. How can it be? A scientific instrument's reading | | | | machine you were tested on. Likely, the machine will |
| cannot necessarily be accurate if it can be | | | | have been out of service and in repair multiple times |
| manipulated by the particular officer taking the results. | | | | since it went online. |
| 3. CMI, the company that creates the Florida Breath | | | | Above are five reasons to question the unreliablity of |
| Machine, will not let criminal Attorneys review the | | | | Florida'a version of the blow machine. |
| source code of the machine. | | | | |