DUI Lawyers Fight For Breath Test Source Code

The Intoxilyzer 8000 machine used to test the breath alcohol levels of people arrested for DUI in Arizona and other states is on the ropes, at least in Tucson, Arizona.

Several judges in Tucson have ruled the the machine's manufacturer must disclose the source code of the software that runs the machines. Shouldn't be a problem, right? After all, these machines are used to put people in jail and prison, sometimes for a decade or more. CMI should hand over the material and allow for fair and open inspection. Not so fast.

To date, CMI has steadfastly refused to cooperate with DUI defense lawyers' requests. They have refused to abide by court orders.

As a DUI Defense Lawyer I find it odd that prosecutors don't have a problem with this refusal to disclose. A prosecutor is supposed to seek justice, not victory at all costs. That prosecutors are even fighting these motions to compel the source code is disappointing, but not unusual.

One Judge in Tucson, after listing to testimony from CMI's president reportedly ruled that the Intoxilyzer machines are unreliable. It was a mistake for Arizona to buy the Intoxilyzer machines, especially when other states rejected the machines after study. It remains to be seen whether Arizona will cling to the use of the machines, or switch to a more reliable machine, or to blood testing.