We Analyzed 134,000 Florida Breath Tests. Here's What We Found.

The Government Gave Us the Data

Here's what most people don't know: the Florida Department of Law Enforcement publishes breath test records publicly. Every month, FDLE releases data from the Intoxilyzer 8000 machines used across Florida. It's all there - test results, machine serial numbers, operator names, calibration dates, error messages.

We downloaded these records. We built database tools to structure and analyze them. And we found documented errors that deserve attention.

What we found were documented anomalies in FDLE's own certified records - tests with expired calibration gas, machines with date/time change flags, and control test failures. Not speculation. Not theory. Government data.

What the Analysis Revealed

When you analyze over 134,000 records, patterns emerge. Here's what we found:

These aren't large percentages of the total. But they're not zero. And if YOUR breath test is in one of these categories, the percentage that matters is 100%.

Category 1: Expired Calibration Gas

Breath test machines must be calibrated to ensure accuracy. This is done using a "dry gas standard" - a known alcohol concentration that the machine uses as a reference point. If the reference is wrong, the readings are unreliable.

Every dry gas canister has an expiration date. After that date, the manufacturer no longer guarantees the concentration is accurate. Using expired gas for calibration is like using a bent ruler to measure - you might get close, but you can't be sure.

Six tests out of 134,000 is a tiny fraction. But if one of those six tests is the evidence against you, it's 100% of your case. And the question becomes: can the state prove beyond a reasonable doubt that the reading was accurate when the calibration standard was expired?

Category 2: The "Date or Time Changed" Flag

FDLE's own records include a field that indicates whether the date or time on the machine was changed. When this field shows "Yes," it means someone altered the machine's clock settings.

Why does this matter? Because the timestamp on a breath test is critical evidence. It establishes when the test occurred relative to the driving. It affects whether the 20-minute observation period was followed. It's part of the chain of custody.

There may be innocent explanations - daylight saving time adjustments, maintenance procedures, or synchronization corrections. But the flag exists for a reason. It indicates something changed that affects the reliability of the timestamp. That's worth investigating.

Category 3: Control Test Anomalies

Before and after each breath test, the Intoxilyzer runs a "control test" using the calibration gas. The machine tests itself with a known 0.08% solution. If the result falls outside the acceptable range (0.075% to 0.085%), something is wrong.

Our analysis flagged machines where control tests showed unusual patterns - results consistently at the edge of tolerance, or patterns suggesting drift in accuracy.

The existence of control test anomalies doesn't mean every test on those machines was wrong. But it does raise questions about consistency and reliability that a defense attorney should explore.

Every Machine Runs the Same Software

Our analysis confirmed something the defense bar has known for years: every Intoxilyzer 8000 in Florida runs software version 8100.27. The last version update was from 26 to 27, around 2012.

Think about that. The iPhone 5 came out in 2012. No one is still using an iPhone 5. But Florida is still using software that hasn't been updated since then to determine whether people go to jail.

The absence of updates doesn't prove the software is flawed. But it does mean that any bugs or issues discovered since 2012 remain uncorrected. And as we covered in Part 1, the manufacturer lost the original engineering notes for earlier software versions.

What This Means for Your Case

Let's be direct: most breath tests produce reliable results. If you blew a 0.15 after swerving through traffic, the machine probably got it right. The Intoxilyzer 8000 isn't fundamentally broken.

But "probably right" isn't "definitely right." And in a criminal case, the standard is proof beyond a reasonable doubt. When FDLE's own records show documented anomalies, those records deserve scrutiny.

We built these analysis tools because the data matters. Every DUI defendant deserves to know whether the evidence against them has documented reliability issues. The government publishes this information. We made it searchable.

The Public Tool

We've made our analysis available publicly. Defense attorneys can use it. Defendants can explore it. Anyone can verify our findings against FDLE's original records.

Transparency matters in criminal justice. When the government uses a machine to generate evidence, defendants should be able to examine that machine's track record. That's what this tool provides.