DUI Trial Could Determine the Fate of Breath Test Machine
The contentious dispute over the reliability of the Intoxilyzer 8000 may decided soon. In the DUI trial of Felicia Birdwell, testimony will center around whether prosecutors may introduce breath test results into evidence without calling an expert to testify as to machine's reliability to accurately measure a driver's BAC level.
If the court rules in favor of prosecutors, they could ask juries to presume a driver was legally drunk based on breath test results alone. This would be a powerful weapon in DUI cases. Without this authority, prosecutors would have a difficult ...



