DUI Arrest by Pasco Sheriff’s Office

If you were arrested for DUI by a deputy with the Pasco Sheriff’s Office, learn more about the Special Traffic Enforcement Patrol (STEP) unit.

The DUI enforcement officers on the S.T.E.P. Unit focus on enforcing traffic laws on the streets and roadways throughout Pasco County. Enforcement locations are determined by analyzing the overlap between high-crash and high-crime areas in the county.

After the arrest, you will be asked to submit to a breath test to determine the concentration of alcohol in your system.  The Alcohol Testing Program at the Pasco County Sheriff’s Office maintains five (5) breath test machines called the Intoxilyzer 8000.

Several PCO DUI enforcement officers have completed the training necessary to be designated Drug Recognition Experts/Evaluators (D.R.E.). The DRE has special training for investigating DUI cases involving impairment from marijuana or controlled substances.

Attorney for a DUI Arrest by the Pasco Sheriff’s Office

With offices in New Port Richey, the DUI Defense attorneys at the Sammis Law Firm fight all kinds of DUI cases in Pasco County, including a refusal to submit to a breath, blood, or urine test. We also fight DUI cases involving a crash or property damage.

Whether this is a first DUI arrest or you have a second or subsequent conviction for DUI, we can help.

Before deciding how to resolve your case, you should understand any problems with the breath test machine used in your case. Call us to discuss any DUI breath test in Pasco County, including a breath test case being prosecuted at the courthouse in New Port Richey or Dade City, FL.

Our DUI defense attorneys are familiar with the standard operating procedures for the law enforcement agencies in Pasco County.

Call 813-250-0500 to discuss your case today.

DUI Breath Testing at the Pasco Sheriff’s Office

We are experienced with filing and litigating motions attacking breath test readings for our clients accused of blowing over the legal limit. These motions often allege that the breath test was taken when the Intoxilyzer 8000 was not being maintained in substantial compliance with the administrative rules.

We take DUI breath test cases very seriously. We conduct an audit on the particular breath test machine used in your case. We can show you the log login records, the annual inspection, monthly inspections, repair records, and other subject tests.

The Alcohol Testing Program at the Pasco County Sheriff’s Office maintains five (5) breath test machines called the Intoxilyzer 8000. Each breathalyzer has a different serial number, including:

  • 80-001081
  • 80-001049
  • 80-001074
  • 80-001117
  • 80-003347

Over the last few years, PCO has used several different agency inspectors. In 2017, PCO went through three agency inspectors, Cpl. Adam D. Cinelli, Sgt. Art Rowland, and Deputy Barry Nixon.

The agency inspectors in Pasco County have previously been caught backspacing and intentionally deleting error warning messages during monthly agency inspections. Other problems included finding the machines not to be in compliance with the rules, but then completing another inspection without notifying FDLE of the problem.

Serious problems have continued into 2021. For example, the Florida Department of Law Enforcement (FDLE) sent correspondence to the Pasco Sheriff’s Office as part of an electronic data review, which indicated that the agency inspector for PSO failed to list all of the required information on an agency inspection conducted on 2/23/2021 on Instrument Serial Number: 80-001117.

FDLE/ATP Form 39 states in part, “If a test must be repeated, the REASON must be entered when prompted and recorded in the Remarks section of FDLE/ATP Form 40 Agency Inspection Report – Intoxilyzer 8000. The REASON for repeating the test OR the Possible Cause and Corrective Action Taken …was not recorded for the 0.05 g/210L Test.”

Form 42 explained to the agency inspector that since the 0.05 g/210 L Test was repeated, the reason the test was repeated and the corrective action taken before repeating the test must be included. The agency inspector was directed to record hand-written amendments on the FDLE/ATP Form 40, Agency Inspection Report, initial and date the amendments, mark the report “AMENDED,” and forward a copy to the Department Inspector by 4/16/2021.

Problems with 80-001117 also continued in 2023. For example, on the monthly inspection performed on 1/16/23, the machine failed the Alcohol Free / Mouth Alcohol test the first time. On 2/7/23, the machine failed the .05 test by having a result of .044, which is outside the acceptable tolerance level. That same problem occurred again on 9/16/23. On 10/13/23, the machine failed the .05 test by having a .044 reading that was outside of the acceptable tolerance level. on 11/27/23, the .05 reading was .044 which is outside of tolerance. The agency inspector retested, but it was still outside of tolerance and found to be not in compliance.

In this picture, Deputy Christopher Jones #6722 touches the breath test machine right before a subject is asked to blow into it.

Additional Resources

(S.T.E.P.) Unit of the Pasco Sheriff’s Office – Visit the Pasco Sheriff’s Office website to learn more about DUI enforcement. Find information on the Selective Traffic Enforcement Patrol (STEP) unit. The website also provides information on saturation patrols, wolf packs, and sobriety checkpoints. Learn more about Florida’s implied consent laws, ignition interlock requirements, zero-tolerance policies for drivers under 21 years old, and the penalties for impaired driving.

This article was last updated on Friday, January 5, 2023.