The breath test machines police use to arrest suspected DUI drivers are under fire and a recent ruling in Sarasota, Florida is just fanning the flames. Two judges threw out results in 72 cases on Tuesday based on technical aspects of how the Intoxilyzer 8000 works. When prosecutors were unable to answer defense attorney questions about the machines, judges threw the test results out. (read more)
For nearly four years Finebloom & Haenel along with several other attorneys in Sarasota and Manatee Counties have tried to determine the reliability of the Intoxilyzer 8000. Throughout their research they discovered numerous problems with the machine. Based on the problems Finebloom & Haenel requested that the State of Florida turn over the source code. A review of the code by Defense experts would allow them to determine if the machine is reliable. The State fought the Defense requests arguing that there has been no evidence presented that the machine was unreliable. The Court in Sarasota & Manatee disagreed and ordered the production of the code to Defense experts for their review. The State then argued that they did not have the code in their possession. As a result, Finebloom & Haenel requested the Court in Sarasota and Manatee Counties to issue a subpoena directly to CMI the manufacturer of the Intoxilyzer 8000.
The Judges in Sarasota and Manatee Counties did issue that subpoena and CMI for the last two years has refused to release the code to Defense experts based on the fact it is a trade secret. This argument fails to hold water and now the prosecution of almost 450 cases has been compromised. In 72 of the cases the Court ruled that the machine was not an approved machine; therefore, if the Defendant was read the implied consent warning the test will be excluded from any trial. DUI's in Florida are governed by the Implied Consent law. If you look at the bottom of your license it specifically states that the operation of a motor vehicle constitutes consent to any sobriety test required by law. However, the law also states that you only consent to an approved machine and the Courts have ruled in those 72 cases the machine is not approved therefore the breath test results are not admissible into evidence.
In total, 450 cases weigh in the balance. This latest ruling goes one step further then the court's previous rulings. The Courts in Sarasota and Manatee formerly ruled that the State would have to provide expert testimony in order to have the Defendant's breath test results admitted into evidence. The State would have to show that the machine is scientifically reliable. Prior to these rulings, the State simply had to show that the machine was tested on a monthly and yearly basis and complied with the rules.
If you or a loved one has been arrested for a DUI even if the arrest was not due to the Intoxilyzer 5000 or 8000, please do not hesitate to contact Darren FInebloom at 1-800-FIGHT-IT or online at www.fightyourdui.com to discuss the matter.