JACKSONVILLE, Fla. – A Jacksonville defense attorney is challenging a statement from the Jacksonville Sheriff’s Office about repairs made to Intoxilyzer 8000 breath-test machines.
The dispute follows a ruling by a three-judge panel that found unauthorized repairs were made to the machines, which are used to measure the amount of alcohol in a person’s breath.
JSO told News4JAX that the agency “doesn’t make any repairs to the instruments.” JSO stands by its original statement.
But defense attorney David Robbins said the statement conflicts with testimony cited in the court’s order.
“Unfortunately, it is the opposite,” Robbins said. “No disrespect to JSO, but as you can see by reading the order, they clearly were doing the repairs.”
The court order states that an agency inspector at JSO testified that O-rings were replaced at the sheriff’s office “on numerous occasions” after they were found broken, damaged or in need of repair.
The order also states that the inspector testified he changed O-rings only when they were “in disrepair.” The inspector said he kept no records showing when the replacements occurred or which machines were repaired.
The panel rejected the state’s characterization of the work as routine maintenance, according to the ruling.
The issue could affect breath-test results used in DUI cases across Florida. Robbins said attorneys from several counties are already preparing potential legal challenges.
“In two weeks, the Florida Association of Criminal Defense Lawyers does a big seminar in Orlando, and already it’s a big topic,” Robbins said. “I’ve heard from lawyers in the Panhandle, Broward, Brevard, Orlando, Osceola, you name it, counties all over.”
Robbins said the issue is statewide because he believes the Florida Department of Law Enforcement did not follow the rules it established for maintaining and repairing the breath-test machines.
The state attorney’s office told News4JAX it will take the necessary steps to demonstrate the scientific reliability of the breath-test results so they can be admitted in court while the issue is resolved.
Robbins said O-rings are critical because they help create a tight seal around the breath sample.
“If there’s not a tight seal by the O-ring, the machine doesn’t know that it’s not getting the correct sample of air,” Robbins said. “There was testimony that, yes, it could give a false-positive result.”
Robbins said he does not advocate drinking and driving. He said his goal is to ensure that no one is wrongfully convicted based on unreliable evidence
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