Criminal Defense LawyerLakeland, Tampa, FL

Polk County DUI attorney explains if breath test will be thrown out of court based on "source code"

This week, the Florida Supreme Court heard oral arguments regarding the breath test machine used in Polk County, Florida.  At issue is the software that runs the Intoxilyzer 8000 breath test machine that is used in all Polk County DUI arrests.    If a suspected DUI driver is not allowed to have an independent review of the software that calculates the driver’s breath alcohol level, how can the driver be sure that the breath test machine works correctly?  Why is the manufacturer of the Intoxilyzer 8000, CMI, Inc., afraid to let anyone review the accuracy of the breath test machine and the breath test results?  Does the manufacturer not have confidence in their own breath test machine?
Demonstrating the concerns the Florida Supreme Court has with the breath test machine, Florida Supreme Court Justice R. Fred Lewis, asked FDLE “Is it fair to let a company in some state manufacture equipment that is producing false readings, causing individuals in this state to get locked up?” FDLE runs Florida’s Alcohol testing Program (ATP) which s responsible for setting up the rules for breath test machines.
At issue in the case is whether and under what procedures the software or “source code” for the Intoxilyzer 8000 can be compelled by a driver accuse of driving Under the Influence (DUI).  CMI and FDLE are fighting the subpoena arguing that you can not compel an out-of-state witness to appear and get a subpoena from the Kentucky where CMI is located.  However, a Florida Supreme Court decision has held that when only documents are being requested, here the breath test machine’s “source code”, the documents can be compelled by the Florida court and, if the documents are not produced, there can be sanctions against the party that refuses to comply with the subpoena.  In a DUI case, this sanction would be the breath test result would be suppressed or thrown out of court.  If you have taken the breath test result and blown over the legal limit, this decision can have a tremendous impact on your DUI case!
If you have been arrested for DUI, DUI with Property Damage, DUI with Serious Bodily Injury, or DUI Manslaughter in PolkCounty or Florida call an experienced DUI attorney today to protect your rights.  Whether you took the breath test or refused to submit, you need an aggressive Polk County DUI defense lawyer that keeps up to date on the latest developments in DUI law fighting for you in court!



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Aggressive DUI attorney handling all DUI arrests in Florida and Polk County, Florida including Bartow, Lakeland, Winter Haven, Mulberry, Haines City, Auburndale, and Lake Wales.

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