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Brevard County, FL - A Brevard County panel of judges ruled on August 10, 2009 that 56 Florida DUI cases will not be thrown out of court based on an argument that the Intoxilyzer 8000 used to test their breath was not approved for use in Florida.
The issue was whether the parts used in the machines were in compliance with Florida regulations. This case may now proceed to the next level of appeal.
The Intoxilyzer 8000 breath test machine, manufactured by CMI in Kentucky is the subject of intense litigation in several states over the reliability and inner workings of the device. Defense lawyers have sued to obtain the machine's source code, which CMI claims in proprietary.
Some state, like Arizona, that adopted the machine statewide, have started to back away from the machine's use, opting to transition to a more reliable blood standard. "Breath test technology is flawed," says Seattle DUIattorney Aaron Wolff. "As long as states continue to use breath testing, there will be litigation about its accuracy and reliability."
Florida DUI lawyer John Musca agreed. "There are too many factors to be able to say that this technology works 100 percent of the time on 100 percent of the people."
Bart Herron, a lawyer who handles Oregon DUI cases in the Portland area and is known for his aggressive defense of his clients said "a lawyer who just sits back and accepts a machine's result as self-evident truth may not be doing his or her job."
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