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Challenges made against Intoxilyzer test pay off in court

Posted on June 1st, 2011 No Comments

Lawyers in Florida and other states have been using a new tactic to defend their clients of drunk driving charges, and it involves challenging a machine.

The Intoxilyzer is a machine that has long been used in courts to show the blood-alcohol content of a driver. Some stipulations that allow the Intoxilyzer to be used in court is that it must have been administered by a qualified person at the time of the arrest and that the defendant must be entitled to the machine’s full information. Defense lawyers have been using this stipulation as a way to free clients of their charges because the company that manufactures the Intoxilyzer has long refused to release the machine’s source code.

Judges in Florida ruled in favor of this argument. Until CMI Inc., the manufacturers of the Intoxilyzer release the machine’s source code, DUI defendants who have taken the Intoxilyzer test may continue to be let off their charges.

If you or someone you love has been charged with a DWI after taking a drunk driving test, please contact the Raleigh DWI test defense lawyers of the Law Office of Jim Black at 919-600-4609.

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