Breathalyzer Rulings Updates and Analysis

By Mary Ann

We’ve been closely following how courts handle DUI cases involving the Intoxilyzer 5000 and Intoxilyzer 8000, two breathalyzers manufactured in Kentucky and used nationwide.

Early, we told you about a judge in Florida that threw out hundreds of DUI cases because the manufacturer of the breathalyzers wouldn’t release the source code.

If you’re interested in reading more about this story, check out Houston DUI attorney Paul Kennedy’s blog. He does a good job of bringing together some analysis from attorneys across the country.

For more info on how breathalyzers work, Georgia DUI blog points us to a helpful explanation.

All these posts bring up a few points:

1. DUI law is complex. Just because you’ve been charged with a DUI doesn’t mean you will automatically be convicted.

2. DUI lawyers follow not only the law, but the technology and the trends behind DUI arrests.

So if you’ve been arrested for a DUI, with so many factors at play and so much at stake, you may want to speak with a DUI lawyer. To find an attorney near you, simply fill out this free case evaluation.



Disputes Over Breathalyzer Use Continue

By Mary Ann

As police departments continue to use Intoxilyzer 5000 and Intoxilyzer 8000 to analyze drivers’ blood alcohol level the courts continue to struggle with the admissibility of the results.

The Intoxilyzer machines are made by Kentucky-based CMI, and the company is very protective of their source code, which details how the machines operate.

Many DUI lawyers are arguing that if their clients are to receive a fair trial then they should be allowed to examine the source code to ensure the breathalyzer machines are operating accurately and properly.

The result? In Florida, a judge dismissed more than 100 DUI cases because the source code couldn’t be reviewed. In Arizona, a judge tried but was unable to order CMI to release the code.

For a good summary on the debate, check out Lawrence Taylor’s DUI Blog, which mentions that issues have arisen in Minnesota as well.