Recently, defense attorneys in Florida have been using a legal loophole to have Intoxilyzer test results thrown out of court and DUI cases dropped. This defense argument was even upheld in Florida's Supreme Court.
Laws state that a breath test's results can only be used as evidence in a court of law if the person to whom the test was administered knows every detail concerning the test. Known as the “full information” clause, defense attorneys have used this piece of the law to have tests thrown out because the manufacturer of the Intoxilyzer 8000 has refused to release the source code of the computer that contains the results of the test.
While prosecutors are arguing to regain the Intoxilyzer test as evidence in court, the test may not be able to be used until its manufacturer releases the test's source code.
If you or someone you love has been charged with a DUI, please contact the Seattle DUI defense attorneys of the Cowan Kirk Gaston Law Firm at 866-822-1230.