Breath Test Results Tossed in Several Sarasota County DUI Cases

A Sarasota County judge has thrown out the breath test results of seven individuals charged with driving under the influence after evidence surfaced that law enforcement officials did not inspect the breath test machine following a repair made in March 2008. The breath testing equipment was allegedly not inspected for nearly six months following the repairs, which expressly disobeys the Florida Department of Law Enforcement's (FDLE) ruling that a breath testing machine that undergoes repairs must be inspected by law enforcement before it can be used to collect DUI evidence against an individual accused of driving under the influence.

This discovery could potentially lead to the invalidation of nearly one hundred breath testing cases in Sarasota County which rely on breath test evidence collected by the Intoxilyzer 8000 breath testing machine, serial #1346. By excluding the results of the breath test, prosecutors would be barred from introducing evidence of the defendant's blood alcohol concentration (BAC) during trial. Blood alcohol evidence often plays a critical role in the conviction of individuals accused of driving under the influence.

In this case, the Intoxilyzer 8000, serial #1346, had a problem with its dry gas regulator, which is needed for the automated control tests that occur before and after the breath test. Without a properly functioning dry gas regulator, the machine will not work and may provide falsified readings. The Florida Department of Law Enforcement (FDLE) replaced the dry gas regulator on March 5, 2008 but failed to have a Sarasota County law enforcement agent conduct an inspection of the machine following the repairs, as is required by law.

Sarasota County prosecutors and law enforcement have argued that the replacement of the dry gas regulator should be considered maintenance, not repair. An official inspection by law enforcement is not required when a breath testing machine undergoes routine maintenance. In response to this assertion, Sarasota County Judge Phyllis Galen who handed down the ruling stated that the prosecution's argument was "unreasonable."

Although Judge Galen's ruling currently only impacts seven DUI cases, defense attorneys have jumped on the opportunity to argue that all of the breath testing results obtained by the Intoxilyzer 8000, serial #1346 following the March 5, 2008 repairs should be deemed invalid. Defense attorney Robert Harrison insisted that, "It's for seven people, but every breath test on that machine, between those dates, is no good."

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