Law Office of Kenneth E. Crocken

DUI Defense Lawyers Challenge Breath Test - Yahoo! News: "Most states have 'implied consent' laws for motorists requiring DUI suspects to blow into a breath analysis machine if asked to do so by a police officer.

'The breath test is an integral part of any prosecution,' said Earl Varn, an assistant state attorney in Sarasota.

In Florida, state law currently considers a breath test valid if the machine is approved by the Florida Department of Law Enforcement and the person administering the test is qualified. The law also says that a defendant is entitled to 'full information concerning the test taken' if such a request is made.

The meaning of that phrase is the key to the DUI challenges in Florida and other states with similar laws.

DUI defense lawyers insist that 'full information' means every minute detail about the Intoxilyzer, including the source code used by its computer processor to analyze breath samples, should be subjected to review by expert defense witnesses. Some judges have agreed."