Seminole County DUI Lawyer - Daytona Beach DUI Attorney Seminole County Criminal Defense Lawyer

Seminole County has 4 Intoxilyzer 8000's and I have compiled data for serial numbers 80-001271 and 80-001272. It appears that the gaps might be even greater when the data for all 4 machines is compiled. Each month both machines are tested with the same three control solution lot numbers.Three tests are performed sometimes just minutes apart by the same breath test inspector. The machines test a .05 G/210L control solution a .08 G/210L control solution and a .20 G/210L control solution during the monthly inspection. I have reviewed the monthly inspections from January through September and compiled the data. The .05 G/210L shows an average variation of 6.6% between the two machines on the same .05 G/210L control solution lot # 200903B. The inaccuracy was most pronounced on 3/30/2010 when a 10% difference was observed and again on 6/30/2010 when a 10% difference was observed on 2 tests. The .08 G/210L shows an average variation of 6.12% between the two machines on the same .08 G/210L control solution lot # 200908B. A maximum variation was observed on the 6/30/2010 test when an 8.75% difference occurred twice on the .08 solution. The .20 G/210L shows an average variation of 7% between the two machines on the same .20 G/210L control solution lot # 200908C. A maximum variation was observed on the 9/29/2010 test when a 9% difference occurred on the .20 solution. This is disturbing considering that according to FDLE both machines are compliant. What is even more disturbing is that 80-001272 always reads lower then 80-1271 and has only been used once since October of 2009. It would appear that Seminole County prefers to use the machine that reads higher. I refer to it as the +1 because it appears to add a drink to your BAC free of charge (except for the DUI). The discrepancies have continued at least into November of 2010. What drives this issue home is that during the Sarasota source code litigation a document was released from CMI stating that the machine would be accurate within +/- .003 or 3% whichever is greater. With as much as a 10% difference in control tests the machines are not performing within the specifications set out by CMI. It appears that Seminole County has found a way to resolve this issue. It appears that the machine is not being used. The last recorded test for 80-001272 is 11/1/10 @ 21:56. Intoxilyzer 80-001271 has been tested for accuracy 4 times since 11/1/10. It appears that Seminole County finally found out about the problem and addressed it by continuing to use the machine that reads higher and no longer recording tests on the machine that shows lower results. If your arrest occured in Volusia County go to  lt Daytona Beach DUI lawyer.