As police departments continue to use Intoxilyzer 5000 and Intoxilyzer 8000 to analyze drivers’ blood alcohol level the courts continue to struggle with the admissibility of the results.
The Intoxilyzer machines are made by Kentucky-based CMI, and the company is very protective of their source code, which details how the machines operate.
Many DUI lawyers are arguing that if their clients are to receive a fair trial then they should be allowed to examine the source code to ensure the breathalyzer machines are operating accurately and properly.
The result? In Florida, a judge dismissed more than 100 DUI cases because the source code couldn’t be reviewed. In Arizona, a judge tried but was unable to order CMI to release the code.
For a good summary on the debate, check out Lawrence Taylor’s DUI Blog, which mentions that issues have arisen in Minnesota as well.