Daily Archives: August 22, 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 CasesTallahassee, 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.