Myrick v. City of Montgomery

This appellant was convicted of a breach of a Montgomery ordinance. The particular breach was driving while under the influence of an intoxicating beverage.

In its proof the City relied on the results of a breath test made on an “intoximeter.” This seems to be a machine which uses sophisticated chemo-physical processes to gauge the blood alcoholic content from the output of the lungs of the person tested.

The “Alabama Chemical Test for Intoxication Act,” No. 699 of September 11, 1969,1 § 2, makes certain chemical analyses of, inter alia, a person’s breath admissible in evidence in “civil or…