DUI Beaters

By: Sabrina Zimring
By: Sabrina Zimring

The loophole opened several years ago when a Seminole County judge threw out an alcohol breath test because the company that makes the intoxilizer machine refused to release some of its computer programming.

Florida law says a defendant is entitled to "full information concerning the test taken" if such a request is made.

An appeals court upheld the ruling in 2004, and a new DUI defense was born across the US.

Defense attorneys defend their actions, saying their clients deserve full disclosure. This defense may not last much longer.

A South Florida state lawmaker is proposing changes to the dui laws, saying the defense's entitlement to "full information" does not include the "manual, schematics or software" of the intoxilizer.


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