The Supreme Court ruled on Oct. 1 that DUI defendants are allowed to challenge the accuracy of their tests by obtaining data from previous results generated by the alcohol-test machine into which they blew.
Health officials had said it was a difficult technical and financial challenge to turn over years’ worth of computerized data about previous drivers’ test results and calibration tests from the oft-questioned testers.
Now, records provided in response to a request by The Dispatchshow that attorneys who since have issued subpoenas for test results are being told that “software is being created to access the requested records.”
