Florida DUI Breath Test Evidence Thrown Out

Leon County, Florida Judge Augustus Aikens Jr. ordered breath test evidence in four DUI cases be thrown out. All of the cases date from 2006 and each test result showed the suspects were over the 0.08% legal limit for blood alcohol content.

The judge ruled after finding that the results of a breath test can vary depending on how long a person breathes into the device. Aikens cited a Florida circuit court ruling in his decision. It states,

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