Always a defense attorney,
NEVER a prosecutor



This week, the Florida Supreme Court heard oral arguments regarding the breath test machine used in Polk County, Florida.  At issue is the software that runs the Intoxilyzer 8000 breath test machine that is used in all Polk County DUI arrests.    If a suspected DUI driver is not allowed to have an independent review of the software that calculates the driver’s breath alcohol level, how can the driver be sure that the breath test machine works correctly?  Why is the manufacturer of the Intoxilyzer 8000, CMI, Inc., afraid to let anyone review the accuracy of the breath test machine and the breath test results?  Does the manufacturer not have confidence in their own breath test machine?

Demonstrating the concerns the Florida Supreme Court has with the breath test machine, Florida Supreme Court Justice R. Fred Lewis, asked FDLE “Is it fair to let a company in some state manufacture equipment that is producing false readings, causing individuals in this state to get locked up?” FDLE runs Florida’s Alcohol testing Program (ATP) which s responsible for setting up the rules for breath test machines.

At issue in the case is whether and under what procedures the software or “source code” for the Intoxilyzer 8000 can be compelled by a driver accuse of driving Under the Influence (DUI).  CMI and FDLE are fighting the subpoena arguing that you can not compel an out-of-state witness to appear and get a subpoena from the Kentucky where CMI is located.  However, a Florida Supreme Court decision has held that when only documents are being requested, here the breath test machine’s “source code”, the documents can be compelled by the Florida court and, if the documents are not produced, there can be sanctions against the party that refuses to comply with the subpoena.  In a DUI case, this sanction would be the breath test result would be suppressed or thrown out of court.  If you have taken the breath test result and blown over the legal limit, this decision can have a tremendous impact on your DUI case!

If you have been arrested for DUI, DUI with Property Damage, DUI with Serious Bodily Injury, or DUI Manslaughter in PolkCounty or Florida call an experienced DUI attorney today to protect your rights.  Whether you took the breath test or refused to submit, you need an aggressive Polk County DUI defense lawyer that keeps up to date on the latest developments in DUI law fighting for you in court!



Office – Lakeland


Aggressive DUI attorney handling all DUI arrests in Florida and Polk County, Florida including Bartow, Lakeland, Winter Haven, Mulberry, Haines City, Auburndale, and Lake Wales.



Tags: "over the limit" "source code" 0.08 limit breath test DUI DUI defense DUI serious bodily injury intoxilyzer 8000 refuse submit to testing


Feb 2013


comments are closed


112 E Poinsettia St Lakeland, FL, 33803

(863) 688-4606


4107 N. Himes Ave #200 Tampa, FL, 33607

(813) 789-6404


24140 FL-54 #101e Lutz, FL, 33559

(727) 457-8660


Thomas Grajek is a great lawyer

After my husbands DUI, I met with a couple of lawyers but NONE were as attentive as Thomas Grajek. Thomas was able to beat the DUI charge that I thought would be impossible. Not only did he save us money, he also helped put our lives back. I would recommend Mr. Grajek to anyone in our situation. Thsnkd Tom!!!

Thomas Grajek is a great lawyer

Excellent Attorney....called this attorney on a Saturday. He was quick to call me back and even gave me free advice as to how to handle the situation we were in. We ended up hiring him best decision we made. Would recommend this attorney to anyone.

Thomas Grajek is a great lawyer

Got a DUI a few months ago and got Toms name from a friend of mine.. I am more then satisfied with the way he handled my case and the way he kept me informed the whole time.. I got off on reckless with a with hold which i am more then happy to have on my record then a dui... He's a very down to earth guy and definitely trys to relate to where ur comin from.. I would with no doubt recommend Tom to friends and family... Thanks Tom ur the best!!!!!!

Thomas Grajek is a great lawyer

Great DUI Lawyer!! He got my DUI dropped to a reckless driving charge!! definitely went above and beyond for my case!!!He is very easily accessible and always promptly returned my phone calls/emails.

Thomas Grajek is a great lawyer

I have just moved to the Tampa area. I was intoduced to Tom after being arrested for a DUI. Within minutes of being bonded out Tom came to my place of employment with all needed documents to "get the ball rolling". He always kept me informed on my case and when the time came for my hearing, I plead guilty to wreckless and had no fines and very little commuity service. Thomas Grajek is a great attorney and I feel he would be a valuable assett in anyone's defense.