DUI Defense: Breath Test Source Code
In Florida, the Jury may (but does not have to) conclude that you are DUI if your BAC result from the breath test machine is over a .08. Your criminal dui lawyer may rebut your impairment with other evidence.
Criminal DUI Lawyers want to know everything they can about the “mystical machine” that takes breath and magically turns it into a blood alcohol result. One area of the breath test machine that currently is off limits to the criminal defense bar is the source code, or computer programming of the breath machine. CMI, the company that manufactures, sells, and services the Intoxilyzer 8000, considers the source code a trade secret, and has spent hundreds of thousands of dollars fighting to keep the source code secret.
Source Code Litigation
Accordingly, Florida Criminal Defense Attorneys turned to the Courts to force discovery of the computer code. While the Florida Appellate courts were initial friendly to the discovery of the code See State v. Muldowny (2005), it has been the lower courts that criminal DUI Attorneys have had recent success. Favorable rulings requiring release of the source code have been upheld in Orange, Lake and Sarasota Counties, among others.
Source Code and your DUI Defense
If CMI resists a judicial order to disclose the source code of the breath test machine used in your case, your criminal DUI attorney may be successful in asking the Judge to throw out evidence of your BAC. This can be done in via a motion to suppress evidence for a violation of the 5th, 6th (Confrontation Clause), and 14th Amendment of the State and Federal Constitution. Without evidence of your BAC, your criminal attorney may be able to negotiate a reduction or dismissal of your charge.
Contact a DUI Attorney at Denmon & Denmon Today
If you have been arrested or charged with a crime, contact Denmon & Denmon Trial Lawyers at 813-554-3232 (Hillsborough) or 727 -753-0049 (Pasco or Pinellas) to discuss your case. Ask to speak directly to an attorney.
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