Intoxilyzer Tampering Could Put Thousands of DUI Cases at Risk

Following an extensive investigation, the Florida Department of Law Enforcement (FDLE) has reported that they have fired DUI inspector Sandra Veiga for allegedly tampering with alcohol breath testing machines. It has been revealed that during the FDLE's routine inspections, Veiga failed to follow testing protocol. When it appeared that the machine was going to register a fail during the required accuracy inspection, Veiga chose to pull the plug on the machine rather than let it finish the test and record the error. Unplugging the machine mid-test prevents the machine from reporting the malfunctions to the manufacturer. Veiga was responsible for the required annual testing all of the Intoxilyzer machines in the Miami-Dade, Broward, and Monroe counties.

The investigation into Veiga's conduct began after two local police officers reported that Veiga had told them to turn the machines off when it looked like they were going to fail inspection. Florida state law mandates that the Intoxilyzer machines be tested for accuracy once a month by the police agency in possession of the machine in addition to the yearly tests provided by FDLE.

In July, the FDLE sent letters to every law enforcement agency in all three counties, instructing the agencies to alert prosecutors and defense attorneys to the alleged tampering. As a result of this widespread corruption, thousands of DUI cases have put been put at risk, including pending cases and cases that have been recently closed. Driving under the influence defense lawyer Richard Hersch stated, "The number of cases involved could be as many as 10,000 here in Miami-Dade County." DUI defense attorneys argue that this scandal casts suspicion on an untold number of driving under the influence cases in Dade, Broward, and Monroe counties.

Defense attorney Mike Catalano added, "If she [Veiga] lied about how she performed her annual inspections, then we don't know if any of them are valid." Individuals who have been arrested for driving under the influence in South Florida, who have submitted to a breath test, or who have been convicted of a DUI in one of the three previously stated counties have been advised to contact their attorney and see if the widespread tampering has affected the finding in their case.

Despite these warnings, the Miami-Dade State Attorney's Office has maintained their confidence in the reliability of the Intoxilyzer breath testing machines used in the county's criminal DUI cases. Officials of the State Attorney's Office have stated for the record that the improper accuracy tests will not endanger any of the area's past, present, or future driving under the influence cases.

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