• 27
  • January
    2012

An unorthodox approach to testing breathalyzers used by police officers in potential DUI situations has placed the Florida Department of Law Enforcement in hot water. According to a report last week, the organization paid employees to have a drinking party to test the accuracy of breathalyzers.

The news report indicated that the organization hosted a "booze and Doritos" party in October and encouraged state employees -- including police officers, crime analysts and assistants -- to become intoxicated. The organization spent $330 to supply the employees with whiskey and other alcoholic beverages and snack foods.

At least 15 employees proceeded to drink while still on the clock.

Once they had been drinking, researchers had the various state employees blow into the Intoxilyzer 8000 devices and drew blood that was then sent to a lab for analysis. A video camera recorded the entire procedure, which cost the state approximately $8,000.

Breathalyzers -- particularly the Intoxilyzer 8000 -- have long been the target of criminal defense attorneys who repeatedly call their accuracy into question and often succeed in getting the results thrown out.

In fact, the breathalyzers have performed so poorly that one county attorney in Florida refused to prosecute cases where the Intoxilyzer 8000 results were the primary or only piece of evidence suggesting driving under the influence.

While the researchers with Florida Department of Law Enforcement believe that their study helped prove the accuracy of the Intoxilyzer 8000, many experts -- including a panel of judges who were presented with the results of the study last month -- remain skeptical.

One biostatistics expert, Dr, John Robinson, discredited the study, saying it was too limited in scope and ultimately told very little about the efficacy of the Intoxilyzer 8000.

"[The study] doesn't really address the problem," he said. "It's only performed at one time, with a small group of people."

Whether you have been arrested and charged with DUI first offense or felony DUI, it is imperative to consider speaking with an experienced Colorado attorney. Your rights and your future may be at stake.

This post is provided for informational purposes only and is not to be construed as legal advice.

Stay tuned for more news from our Denver criminal defense blog ...

Sources:

The Post-Standard, "Florida pays state employees for drinking party to test breathalyzers" Jan. 23, 2012

The Herald Tribune, "To test Intoxilyzer, FDLE paid employees to get drunk" Jan. 18, 2012