Legally Reviewed By:
Brian P. Gabriel, Esquire
THE “HOLE” TRUTH The Intoxilyzer 8000 instrument is the breath testing machine utilized throughout the State of Florida. The government has long argued that the Intoxilyzer 8000 instrument is properly “approved” for use in the State of Florida as an evidentiary breath testing device. However, recently, due to unapproved modifications, it has come to light that the Intoxilyzer 8000 instrument is not properly approved in the State of Florida. In 2002, the Florida Department of Law Enforcement evaluated the Intoxilyzer 8000 instrument for evidentiary breath testing in the State of Florida. According to all of their tests, the Intoxilyzer 8000 breath testing instrument was properly “approved”. Soon thereafter, the State of Florida contracted with the manufacturer of the Intoxilyzer 8000 and began ordering hundreds of breath testing devices for all of the counties in Florida. As the Intoxilyzer 8000 instruments were being customized for use in the State of Florida, several Florida Department of Law Enforcement inspectors were sent to the manufacturer’s plant in Kentucky where they all worked together to conform the Intoxilyzer 8000′s software to meet Florida’s legal specifications.
At that time, all of a sudden Intoxilyzer 8000 instruments did not work properly. The Florida Department of Law Enforcement Inspectors tried and tried to determine and fix the problem, but to no avail. Eventually, the engineers of the manufacturer and the Florida Department of Law Enforcement inspectors made the determination that the only way to get the Intoxilyzer 8000 breath testing instrument to work properly would be to drill a hole in the purge valve regulating the air flow system of this breath testing machine. It has not been disputed by the Florida Department of Law Enforcement that all of the Intoxilyzer 8000 instruments utilized in Florida have this hole drilled in the exhaust purge valve.
Furthermore, it is not disputed by the Florida Department of Law Enforcement that a proper, legal evaluation study was never conducted regarding the drilling of the hole in the air system of the Intoxilyzer 8000 instrument. It is interesting to note that on two other occasions in the past, the government has attempted to fix breath testing instruments by picking up a drill and drilling holes in certain component parts. In both of those instances, the higher appellate courts in Florida clearly found that that alteration was a significant alteration of the machine and, therefore, invalidated its “approval” requiring a recertification or “reapproval” of the instrument.
Despite this history, and the software disclosure fights and maintenance issues that have followed in the years since, the Intoxilyzer 8000 remains in use across Florida today. Challenging the specific instrument’s calibration, maintenance records, and approval status continues to be a viable defense strategy in DUI cases built on breath test evidence.
Frequently Asked Questions
Is the Intoxilyzer 8000 still used for DUI breath testing in Florida?
Yes. Despite years of legal challenges over its software, maintenance, and modifications, the Intoxilyzer 8000 remains Florida’s approved evidentiary breath testing instrument.
Can a modification to a breath testing machine affect the results in my DUI case?
Yes. Florida appellate courts have found in multiple instances that unapproved physical modifications to breath testing machines can invalidate the device’s approval status, which can be used to challenge the reliability of a breath test result.
What should I look into if I’m facing a DUI charge based on a breath test?
An attorney can review the specific instrument’s maintenance and calibration records, its approval history, and whether it has undergone any unauthorized modifications.
Does a legal challenge to the machine guarantee my DUI charge will be dismissed?
No. Challenging the breath testing instrument is one of several defense strategies, and outcomes depend on the specific facts of the case, the instrument’s history, and the evidence available.
Who investigates and approves breath testing devices in Florida?
The Florida Department of Law Enforcement evaluates and approves breath testing instruments for evidentiary use in DUI cases throughout the state.
Contact an Experienced West Palm Beach DUI Defense Attorney
If you are facing DUI charges based on an Intoxilyzer 8000 result, the machine used in your case, and its maintenance and approval history, can be challenged. Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel has spent more than 30 years defending DUI cases in West Palm Beach. Call 561-622-5575 or complete a contact form for a free consultation.
Brian Gabriel is the driving force behind the Law Office of Gabriel & Gabriel. He has been in practice for over 30 years and his experience during that time has been devoted almost exclusively to the defense of criminal cases.
August 18, 2026
