The Intoxilyzer 9000 Is Coming to Florida. Here's What Other States Have Learned.

Florida's Transition Timeline

The Intoxilyzer 8000 has been Florida's official breath test machine since 2006. That's nearly two decades. FDLE has been working on a transition to the Intoxilyzer 9000, but the timeline has slipped.

FDLE Progress

Feb 2024	Director Brown announces 9000 expected in 2025
Sept 2024	New forms created (Operational Procedures, Test Affidavit, Inspection Procedures)
March 2025	FDLE revising administrative rules for 9000 inclusion
Aug 2025	Vendor contract with CMI still pending approval
2025-2026	Expected deployment (fiscal year)

The original 2025 target has slipped. As of late 2025, the vendor contract is still being finalized. This matters because first-year deployments of new equipment historically have the most issues - and Florida's first year keeps getting pushed back.

What's Different About the 9000?

The Intoxilyzer 9000 is manufactured by the same company as the 8000 - CMI, Inc. of Owensboro, Kentucky. It's newer technology, but "newer" doesn't automatically mean "better for defendants."

Feature	Intoxilyzer 8000	Intoxilyzer 9000
IR Filters	3 wavelengths	4 wavelengths
Technology	Chopper motor (mechanical)	Pulsed IR (no moving parts)
Calibration	Single-point	Multi-point capable
Power	AC only	Built-in battery (2 hours portable)
Result Display	Two decimal places	Three decimal places

What CMI Claims

"Unparalleled performance in accuracy, precision and interferent detection"
Inherently non-responsive to acetone by design
Meets OIML (International Organization for Legal Metrology) standards
Can detect interferents independent of breath test readings

These are manufacturer claims. What matters is how the machine performs in the field - and other states have been finding out.

What Other States Have Found

Florida isn't the first state to adopt the Intoxilyzer 9000. Georgia, Texas, Michigan, and Colorado are already using it. Defense attorneys in those states have been documenting issues and developing challenges. Here's what they've learned.

Michigan: Documented Technical Concerns

The State Appellate Defender Office (SADO) in Michigan published a detailed analysis of the 9000. Their findings are sobering.

Michigan's Findings

Slope detection worse: Testing indicates the old machine "performed better than the 9000 regarding slope detection" - the mechanism that's supposed to catch mouth alcohol contamination
GERD problems: Residual alcohol from gastroesophageal reflux disease not adequately detected
Shorter sample chamber: The 9000 has a shorter, non-folded chamber vs. the 8000's longer folded design. Longer chambers provide greater precision.
Third-digit conflict: Results now show three decimal places, creating conflicts with prior expert testimony about two-digit accuracy

Texas: Disabled Features

The 9000 has a histogram feature that shows breath flow, volume, and duration during a test. This helps detect mouth alcohol contamination. Colorado and Georgia use this feature.

Texas DPS chose not to enable it.

Why would a state disable a feature designed to improve accuracy? That's a question defense attorneys in Texas are asking. And it's a question Florida defendants should watch for when the 9000 arrives here.

Georgia: Access Denied

Georgia commissioned an evaluation of the 9000 through Georgia Tech Research Institute (GTRI). Critics point out that the state - which relies on the machine for DUI convictions - funded the evaluation. Defense experts have been denied similar access to the source code.

Georgia courts have repeatedly denied motions to compel full source code disclosure. The same manufacturer, the same trade secret claims, the same access denials that plagued the 8000 in Florida.

Common Issues Across States

Radio frequency interference: The 9000 appears more susceptible to RF interference from body cameras and audio equipment that officers now routinely carry
15-minute observation period: Still critical for avoiding mouth alcohol contamination. Some states (including Michigan) have turned off the 15-minute lockout feature
Blowing difficulties: Reports of challenges with adequate air intake that may affect functionality

Reduced Oversight: A Feature or a Bug?

Here's something that should concern every DUI defendant: in states using the 9000, inspection requirements have been cut.

50% Fewer Inspections

Michigan eliminated 120-day inspections. Machines now only need to be inspected twice per year - half as often as before.

FDLE hasn't announced Florida's inspection schedule for the 9000. But if Florida follows other states, expect fewer checks. Less oversight means more opportunity for problems to go undetected.

The irony isn't lost on defense attorneys: the reduction in inspections mirrors the period when fraud was discovered in previous maintenance protocols. Less scrutiny doesn't mean fewer problems - it means fewer problems get caught.

The Source Code Problem Continues

As we covered in Part 1, Florida's Legislature amended F.S. 316.1932 to specifically exclude source code from discovery after defense attorneys successfully challenged the 8000's reliability.

Expect the same issue with the 9000. CMI claims trade secret protection. Other states have denied defense access. Florida's statute already blocks it for the 8000. There's no reason to expect transparency will improve with the new machine.

The Fundamental Question Remains

If the machine is reliable, why not let independent experts verify it? The same question that went unanswered for the 8000 will go unanswered for the 9000.

Why the First Year Matters

Whenever new equipment is deployed, problems emerge. This isn't speculation - it's historical pattern.

Operator learning curve: Officers trained on the 8000 for years will be learning new procedures. Mistakes happen during transitions.
Software bugs: New software means undiscovered bugs. The 8000's software hasn't been updated since 2012 because it's "stable" - but that stability came after years of issues.
Calibration refinement: Multi-point calibration sounds better than single-point, but protocols need to be developed and validated in Florida's specific conditions.
Simultaneous operation: During the transition, some jurisdictions may run both the 8000 and 9000. Different procedures for different machines create confusion.

If you're arrested for DUI during the transition period, your breath test may have issues unique to that timeframe. Documentation matters more than ever.

What Defendants Should Know

The Intoxilyzer 9000 may have genuine improvements over the 8000. But "improved" doesn't mean "infallible." Here's what matters for your case:

Questions to Ask About Your Breath Test

Which machine was used - the 8000 or the 9000?
When was the machine last inspected?
Was the operator certified on that specific model?
Was the 15-minute observation period followed?
Were there any error messages during the test?
Is the histogram feature enabled (if 9000)?
What was the calibration status at the time of the test?

An attorney who understands both machines - and the issues each one has - can identify weaknesses in the state's case that others might miss.

The Bottom Line

This series covered the Intoxilyzer 8000's troubled history, the documented errors in FDLE's own data, and now what's coming with the 9000.

The through-line is consistent: breath test machines generally work, but they're not perfect. When someone's liberty is at stake, "generally works" isn't good enough. The errors deserve scrutiny. The transition period creates new opportunities for problems. And the lack of transparency continues.

New machine, same questions. An experienced DUI defense attorney knows what to look for.

Facing DUI Charges in Orlando?

Whether your breath test was on the Intoxilyzer 8000 or the new 9000, the evidence deserves scrutiny. We understand both machines - their capabilities and their limitations.

Call 407-500-7000 for a Free Consultation