Sunday, October 30, 2011

Another Cop arrested for DUI and refuses breath test

I always find it interesting when a police officer is arrested for DUI or APC and they refuse to take a breathalyzer or intoxilyzer test. Although it is not known what type of intoxilyzer test was offered to the Florida State Trooper arrested for driving under the influence, Florida has had issues with the Intoxilyzer 8000. The Intoxilyzer 8000 is the same breath testing device Oklahoma uses to test suspected Oklahoma DUI drivers.

In this case, a Florida Highway Patrol trooper named John Wilcox was arrested by Naples police Wednesday for DUI. The trooper was subsequently fired by the FHP on the same day. It is unclear if the DUI charge was the sole reason has this trooper has had previous difficulties with the law and previous complaints. According to the police report, Naples police pulled over a white truck after a witness reported that the truck struck a tree. Witnesses said several occupants got out, inspected the damage, and then drove away. Wilcox was driving the truck with two other passengers when officers stopped the truck which lead to the DUI arrest. Wilcox admitted to drinking but denied he was behind the wheel when it hit the tree. The Naples officer noting in his report that he knew Wilcox, said there was a strong odor of alcohol of alcoholic beverage from his breath. Wilcox submitted to the field sobriety tests, but refused a breath test, the report said.


John Hunsucker
Oklahoma City DUI Lawyer

Bruce Edge
Tulsa DUI Lawyer

Thursday, October 13, 2011

More problems with Intoxilyzer 8000

Prosecutors in two Florida counties have decided not to use breath-test results in about 100 current DUI cases in Sarasota and Manatee counties after learning about problems with the Intoxilyzer 8000. The Intoxilyzer 8000 is the same breath testing machine used in Oklahoma.

DUI prosecutors made Wednesday's announcement after the Herald Tribune reported that drivers across Florida have been arrested and convicted of DUI charges based on flawed breath-test machines that reported impossible results.

About 40% of Florida's Intoxilyzer 8000s tested by the State were incorrectly measuring breath volumnes of 2-3 times normal human lung capacity.

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John Hunsucker
Oklahoma DUI Attorney