People who have been arrested in the last two years for DUI in Vermont may have a new issue in their civil and criminal cases. In a story from the Associated Press, the breathilizer machine in Vermont, the “DateMaster DMT” machine, was not set up correctly. This error throws many breath test results into question. Authorities claim that there was a mistake in the software set-up from unethical lab workers. DUI defense attorneys are challenging the results of their client’s test results. DUI cases are being re-opened to address the possibility of the results being thrown out.
If you are arrested for DUI in Jacksonville or anywhere in Florida, you will be asked to blow into the Intoxilizer 8000. This is a machine that is manufactured by CMI, a company that produces DUI breath alcohol testing devices. In Florida, these breath testing machines are located in the police stations. Portable breath testing machine results are not admissible in court and are rarely used. If you are arrested for Driving Under the Influence in Jacksonville, you are asked to blow into the machine AFTER you are arrested, not before. You will be read your Miranda rights, handcuffed out in the field, transported to the Jacksonville Police Memorial Building, and escorted to the breath testing room. A breath test officer will read you your rights again and you will be asked to blow. You will also be asked a series of questions about how you spend your previous 24 hours. You do not have to answer these questions.
If you choose to not blow, you will be changed into a jail uniform and put into a cell. If you do blow, there will be two results. Even if the results are .000, meaning you have no alcohol on your breath, you will still be changed into a jail uniform and put into a cell. If you blow below the legal limit, the police will ask you to give a urine sample to test for the presence of drugs in your system. They test for marijuana, cocaine, pills, and heroine. Many people think that if they blow under the legal limit of .08, they can go home. Not true. You will have to fight your DUI case in court and possibly hire a Jacksonville DUI Attorney.