Blog News -

Florida experts declare the DUI Breath Testing device, Intoxilyzer 5000, scientifically unreliable

Heraldtribune.com reported on September 20, 2009, that two top experts have declared the DUI Breath testing device known as the Intoxilyzer 5000 scientifically unreliable in Florida.  Florida law only required the Intoxilyzer 5000 to be checked for calibration for DUI breath tests once a month. The new DUI breath testing machine used by Florida, the […]

Read More

Under the limit, still under arrest: State v. Rowell if you blow under I’ll let you go is deceptive

Ever heard the DUI slogan broadcasts on the radio “Over the Limit, Under Arrest.”  Does that mean if you blow under the legal limit you will not be arrested? The legal answer is no, but the public does not know that is not true.  The public believes and the government’s advertisers keep saying “Over the […]

Read More

Even DUI Lawyers Don’t Know When They are DUI

In January 2007, a Wisconsin DUI lawyer, Rick Petri, 64, got a call from a client that he was arrested for DUI.  He went to the station to bail him out and blew a 0.09.   The lawyer who had consumed alcoholic beverages earlier in the evening felt fine and thought the alcohol had worn off. Breath alcohol […]

Read More

DUI Source Code Debate Continues: Mathis v. State, A09A0962

In Mathis v. State, A09A0962, the Georgia Court of Appeals addressed an appeal from the denial of a request for the DUI Source Code in a DUI case from Douglasville, Douglas County, Georgia.  The DUI driver was arrested for speeding found with open beers in the car, displayed manifestations of alcohol impairment according to the […]

Read More

U.S. Supreme Court rules that certificates of State Lab Analyst violate the right to confrontation

The U.S. Supreme Court has dealt a blow to the infamous paper witness.  Paper is impossible to cross-examine, so when paper documents are legislated admissible in court it is burden-shifting and requires the Defense to hire an expert to rebut the paper witness. It is unclear how far Georgia Courts will allow this case precedent […]

Read More

Holowiak v. State, A08A1872: Dodging the Intox 5000 Souce Code

In Holowiak v. State, A08A1872, the Court of Appeals refused to address the Intox 5000 source code in an appeal from the State Court of Cherokee County in Canton, Georgia. Mr. Holowiak, who was stopped at a roadblock in Cherokee County, challenged the “propriety of the roadblock and test results from the Intoxilyzer 5000 machine […]

Read More