The machines must still be inspected every six months , and defendants can still challenge the machine 's validity , but the inspection record would be designated a " business record , " which Melendez-Diaz author Justice Antonin Scalia wrote " may well qualify as nontestimonial records " not subject to cross-examination . -- Curb the right to a " speedy trial " when prosecution witnesses , such as lab analysts , are not available to testify , up to 90 days for those in jail and 180 days for those not in jail . -- Require defense attorneys to formally object to a lab or DWI certificate in advance , and if they do , prosecutors must then use lab analysts as live witnesses in proving their case , to conform with Melendez-Diaz .