Florida Criminal Lawyer Blog

The defendants in roughly 300 Florida DUI cases in Palm Beach County could be released if a February 23 challenge on blood-alcohol testing equipment succeeds. Lawyers involved with the challenge say that the Intoxilyxer 8000 machine is not legal, because it differs from federally approved models for test blood-alcohol levels.

They also say there is reason to believe that law enforcement officials covered up failed machine inspections. The filing claims that officials covered up failed inspections by unplugging machines that looked like they not pass inspection. In fact, the Florida Department of Law Enforcement fired a breach-machine analyst in 2008 after discovering that the analyst instructed officers to unplug machines.

According to a traffic division commander for the Sheriff's Office, three deputies watch each inspection and the plugs may have been knocked out accidentally. Challenges elsewhere in Florida have failed, and our DUI defense law firm will be interested in seeing how this one plays out.

Source: DUI challenge leaves 300 cases in doubt, Palm Beach Post, January 2010

Continue reading "Palm Beach DUI Attorney Discusses Breath Testing Issues" »

Last week, the Lakeland Police Department introduced its latest tool in fighting drunk driving. Their new 2009 Dodge Charger is fully equipped with an in-car Breathalyzer testing system. Police say their new vehicle will half the time it takes to perform a blood-alcohol test.

Before LPD received the Dodge Charger "police package," which comes with front and rear radar in addition to the Breathalyzer unit, police had to process a Breathalyzer test about an hour after the initial stop. Police say that having a quicker testing time will make DUI cases stronger in court. The car was given to the police department by the Florida Department of Transportation and began patrolling Lakeland's streets last week.

The vehicle is valued at around $55,000.

LPD's Dodge Charger Has A Breathalyzer on Board, The Ledger, August 3, 2009

Continue reading "Broward Drunk Driving Defense Lawyer: Florida Police Say New Breathalyzer on Board Cut Testing Time in Half" »