After being arrested for DWI, a police officer will read the citizen accused their "Statutory Warnings" before asking them to submit to a breath test. This form, the DIC-24, goes through the warnings to a person discussing potential license suspension for refusal, failure, and hearing requests. It was originally created…
I have reported in the past that whenever a Judge or a police officer is arrested, they always refuse breath tests (and here). But when an average Joe is arrested, they will often submit. Well, it looks like one judge was able to take it a step further and get…
I reported in the past here and here, about CMI, the manufacturer of the Intoxilyzer’s reluctance to tell the world how their machines determine and calculate the alcohol concentration in someone’s breath. This calculation, of course, has the power of making someone a convicted criminal for the rest of their…
In yet another showing of solidarity, a recent Dallas Civil Court Judge refused to take a breath test after being arrested for suspicion of DWI. His answer to the officer was "not until I get some water and insulin". Do you think the officer obliged, or just charged him with…
In a new law enacted at midnight tonight, Arizona will require all first time offenders convicted of DUI to install an ignition interlock device on their vehicles. The Arizona Republic Online reports that not only will 1st time offenders be required to install this device, but also, anyone whose…
I last posted regarding CMI’s refusal to reveal their source code here. Apparently, court orders do not seem to phase this "government contracting" juggernaut. CNET now reports that CMI has missed their deadline for turning over the source code. According to CNET: The next step is a court hearing scheduled…
For quite some time now, DWI attorneys have been seeking the source code of the Intoxilyzer 5000. In a recent article posted on CNET, one defendant in Minnesota received a favorable decision. Congratulations to fellow DWI attorney Jeffrey Sheridan, of Strandemo, Sheridan & Dulas with the favorable ruling. . .…
The following is an article by Lawrence Taylor that is by far the best article I’ve seen on the "history" of breath testing. I thought about making comments to it, and adding my take on each of the pieces of the article, but I don’t want to mess up his…
In a recent arrest in Ohio, a police officer was arrested after driving erratically. What I find most interesting is that he refused to submit to any chemical testing…. Hmmmmm…. It is interesting when many officers "encourage" or bully people into taking these tests, but when push comes to shove,…