How is that possible?

The new Intoxilyzer 8000 has done something that defies the laws of physics and all conceivable methods of deductive reasoning. It has gathered breath samples from people who were arrested for DUI--and as aside the law in Florida requires that someone first be under arrest before a police officer can even request that the person take the breath test--conducted an analysis of the person's breath and produce a breath test result.

Well, what's the big deal with that? Isn't that exactly what a breath test machine is supposed to do?

The problem is that quite a few of those breath tests based the conducted analysis and result whatever it may be upon a breath volume of 0.000 liters of breath.

That's right folks people are being prosecuted for the offense of DUI using evidence that cannot possibly be accurate and reliable.

For those interested in seeing this result for themselves I direct you to this website maintained by my colleague Robert Harrison of Sarasota, Florida.

This breath test includes a result in excess of .20 gram per 210 liters of breath.

Who in their right mind would willingly submit to a breath test when the machine can produce a result when absolutely no breath at all actually was introduced for analysis?

Oh and something we'll discuss next time is just what exactly does .08 grams per 210 liters of breath mean?