What are the requirements for the admission of the intoxilizer breath tests in DUI cases? This question has been litigated for years. To some extent, the standards have been modified and changed. The intoxilizer is obviously subject to a Daubert attack. Johnson v. Commonwealth has held that breath testing may not be flawless; however, it has been determined for years to have sufficient reliability to be admissible in evidence and to sustain a conviction. 12 SW 3d 258, 262 (Ky. ... Read More »