Judge Tosses Florida DUI Breath Test Results

Manatee County judge has ruling involving accuracy of breath testing equipment affirmed by Appeals Court.

Manatee County judge Doug Henderson ruled two years ago that breath test evidence using an Intoxilyzer 5000 was inadmissible in Florida DUI cases because of inconsistencies in the blood alcohol readings. This week the Second District Court of Appeal and Circuit Court affirmed the judge’s ruling, and Henderson has asked for an order to be drafted reflecting the court’s decision.

The result of the court’s ruling is that breath test evidence will not be allowed in the trials of more than 100 cases of suspected drunk driving in Manatee and Sarasota Counties, Florida. Prosecutors can continue with the cases using other evidence such as field sobriety tests, admissions of guilt and other signs of impairment. Prosecutors accept that some charges will have to be reduced and certain FL DUI cases will be dismissed.

The issue with the Intoxilyzer 5000 is suspected false positive readings. Florida DUI defense lawyers have long argued for access to the equipment’s source code in order to determine if the machine is properly functioning. The maker of the Intoxilyzer 5000, CMI Inc, which has admitted to changing the software even without the knowledge of the state, refuses to divulge the computer’s source code. That refusal has led to numerous suits across the country, and CMI is facing more than $2 million in fines levied by Florida courts.

Judge Henderson tied CMI’s refusal to a violation of a due process afforded to all defendants. Henderson said, “The defendant’s right to a fair trial outweighed the manufacturer’s claim to a trade secret.”

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