Tucson Judge tosses out alcohol breath tests in 49 DUI cases
A Tucson judge has tossed out alcohol breath tests in 49 DUI cases. City Court Judge Thomas Berning ruling says the breath tests are inadmissible because the company that makes the machine hasn't made its inner workings available to the defense. A Tucson defense attorney says the ruling could have widespread implications.
One of the defense attorneys involved in the cases, says there are 50 to 70 pending cases before other judges that were waiting for Berning's ruling. The ruling doesn't dismiss the cases entirely, just the breath tests.
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’s Office plans to appeal Berning's ruling within the next 14 days.
