Tucson judge tosses out alcohol breath tests in 49 DUI cases

TUCSON - A judge in Tucson has tossed out alcohol breath tests in 49 DUI cases

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City Court Judge Thomas Berning's ruling says the breath tests are inadmissible because the company that makes the machine hasn't made its inner workings available to the defense.

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The Tucson Citizen reports on its Web site that the ruling also could potentially affect every alcohol breath test conducted in the state since Dec. 1, 2006. That's when Arizona adopted the Intoxilizer 8000 machine made by CMI.

Deputy City Attorney Laura Brynwood says prosecutors will appeal Berning's ruling within the next 14 days.


link to full story is below:
http://www.azcentral.com/news/articles/2008/05/19/20080519tucson-dui0519-ON.html