Florida DUI Cases Dismissed Due to Computer Technicality

By Guest Attorney

In 2005, hundreds of Florida DUI cases with breathalyzer tests indicating a BAC over the legal limit, were thrown out by Seminole County judges because the State of Florida could not provide the source code for the breath test machines used to test DUI defendants. The company that makes the machines refused to allow the State access to its computer programming asserting that the source code for its machines is a trade secret. The judges invalidated the defendants’ breath tests because prosecutors could not prove the accuracy of the machines without the source code.

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