Archive for August 22nd, 2007

Breath Tests Thrown Out by Judge

Wednesday, August 22nd, 2007

As I’ve written ad nauseum in the past, breathalyzers are inaccurate and unreliable – for dozens of reasons.  One of those is that the test results vary wildly depending upon the breathing pattern of the suspect being tested (see my post, “How to Fool a Breathalyzer”).


Breath Test Evidence Thrown Out

in DUI Cases

Tallahassee, Fl.  August 21 -   Leon County judge’s ruling to throw out blood-alcohol breath-test results in four DUI cases could have a big impact on others currently facing drinking-and-driving charges.

On Tuesday, Judge Augustus D. Aikens Jr. ordered that breath tests be thrown out in DUI cases involving four men arrested in 2006. Their breath samples showed blood-alcohol readings above Florida’s legal limit of 0.08…

In his ruling, Aikens found that breath-test results can vary depending on how long someone breathes into the device, called an Intoxilyzer 8000.

Aikens agreed with an earlier Bay County circuit-court ruling, which said, “Rules that permit a test operator to have the subject blow into the machine as long as he, in his undirected discretion wishes … is insufficient to create a scientifically reliable test.”


Refreshing to see a judge more concerned with justice than political repercussions from MADD.

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