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Posts tagged "breathalyzer"

Fort Myers woman faces multiple DUI charges after accident

Law enforcement agencies and prosecutors are taking more aim at people who drink and drive in the Fort Myers area. If an officer suspects someone of being intoxicated, they can ask that person to take a breath test. A person can refuse but it doesn't mean that the refusal of the breathalyzer will prevent them from being arrested or charged with a DUI. Sometimes a breath test refusal or refusal to take any kind of sobriety test can work against the person when they come before the judge.

Cape Coral man charged with refusing a breath test and DUI

If you are pulled over by a law enforcement officer and asked to take a breath test, you can refuse but it is important to know that doing so can result in a charge against you and may work against you when you come to court. Many states have laws that allow people to be charged with a breath test refusal, creating a sort of catch-22. If you agree to take the breath test and it shows that you are above the legal limit, you'll be charged with a DUI. If you don't, you'll be charged with refusing to take it, and likely still face a DUI charge.

Florida Supreme Court hears arguments over admissibility of DUI breathalyzer tests

On Tuesday, the Florida Supreme Court heard oral arguments involving the admissibility of breathalyzer exams used in DUI cases. Defendants charged with Florida DUIs are attempting subpoena documents from the manufacturer of the breathalyzer, CMI that disclose how the software of the device works. The Supreme Court has to determine whether a Florida resident can directly subpoena the documents, or do they have to first have a Kentucky court approve the request.

Intoxilyzer 8000 readings questioned in Ohio

The Intoxilyzer 8000 the only breath-testing device authorized for use in Florida and subject to litigation in several cases, including one in the Florida Supreme Court. But Florida is not alone, as a story from the Cleveland Plain Dealer discusses some of the problems with the machines in Ohio.

A DUI manslaughter charge with a 0.00 BAC?

A Florida man was charged with DUI manslaughter, for the death of a pedestrian in an incident in Panama City Beach. He was originally charged with a misdemeanor DUI, but the charge was upgraded after the trooper spoke with prosecutors, according to a story in the Herald Tribune.

Judge issues ruling that questions breathalyzer machines accuracy

A few weeks ago, we discussed a Florida case that involved the Intoxilyzer 8000. The Intoxilyzer is only breath-testing machine authorized for use by Florida law enforcement to test the blood alcohol content (BAC). The BAC indicates the amount of alcohol in the blood stream, and in theory, the level of intoxication.

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