Judge Rules Defense Can Get DUI Machine Source Code

pfleming alerts us to developments in Arizona on a subject we have frequently discussed (e.g. FL, MN, NJ): efforts in DUI cases to obtain source code to devices that analyze blood alcohol levels. On Friday a Pima County Superior Court judge ruled that the software that powers the Intoxilyzer 8000 must be revealed to defense lawyers. "Defense attorneys representing more than 20 people arrested on felony DUI charges agreed to consolidate their cases into one and to argue it before [Judge] Bernini ... The source codes are crucial because the Intoxilyzer 8000 sometimes gives 'weird' or inexplicable results ... Six other states have been battling CMI [maker of the Intoxilyzer] over the source code — Minnesota, Florida, Louisiana, Massachusetts, Tennessee and New Jersey... CMI has currently racked up over $1.2 million in fines in a civil contempt order for not disclosing the source code in Florida."

Comments

Re:Why not prosecute?

[samkass]

This is an awful decision. The source code is in no way going to help determine whether the defendants were or weren't drunk. If there is a standard for accuracy of a DUI measuring device and this mechanism meets the standards, then the source code is irrelevant. If it doesn't, the source code is still irrelevant. Either way, having a zillion government stooges and ambulance chasers second-guessing some engineer's code is not justice.