The Florida Department of Law Enforcement, Alcohol Testing Program is in charge of ensuring that all breath testing in DUI cases throughout Florida are administered in a uniform and reliable manner. For over a decade, the Alcohol Testing Program has been run by Laura Barfield. Over that same period of time, both Barfield and the Intoxilyzer machine have been under intense scrutiny. Barfield was routinely called upon in the courts, as a prosecution witness, to vouch for the breath test machine’s accuracy. She testified countless times that the Intoxilyzer results should be trusted and admissible. However, Ms. Barfield’s credibility was called into question when it was alleged that the FDLE took steps to cover up malfunctioning Intoxilyzers.
In 2012, Barfield testified that “breath volume” is meaningless to the accuracy of breath test results. But she could not cite to any scientific study that supported her position. In fact, her stance was in complete contradiction with her earlier position in 2005, wherein she declared that breath test samples secured through low breath volumes were invalid. We find it noteworthy to point out that section 3.7 of Florida’s Breath Test Operator Handbook specifically states “The subject must provide a continuous breath sample of at least 1.1 liters of breath.” Accordingly, it appears that the FDLE Alcohol Testing Program’s own manual contradicts Barfield’s recent sworn testimony. This incongruity prompted Barfield to subsequently commission a study to be conducted by her own office. The study then drew criticism from the media when it was revealed that Fifteen FDLE employees were paid to get drunk.
We learned today that Laura Barfield was forced to resign from her position. Our sources tell us that the FDLE was seeking a “change in leadership.” Our office immediately made a formal public records request to the FDLE seeking documentation regarding the termination of Laura Barfield. We are, of course, interested in any information that could assist our clients in the defense of their Clearwater / St. Petersburg DUI charges. Surprisingly, we received a prompt response that indicated that our request had been forwarded to the Office of the General Counsel for review. As more information becomes available, we will continue to provide updates for the benefit of the local criminal defense bar and the general public.
Read the Florida Department of Law Enforcement Internal Investigation Report
At Russo & Russo, we are Pinellas Attorneys who represent clients charged with DUI and other criminal offenses arising out of St. Petersburg, Clearwater, and the Pinellas County area. Former state prosecutors who can help!
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Related Links:
Keeping Your Breath Test Results Out of Court
Intoxilyzer Source Code… a Double Standard
If Arrested for DUI, Should I Blow?
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