DUI Defense Lawyers to Get Arizona Breath Test Machine Code
In an important case for DUI defense lawyers, a judge in Arizona ruled that the manufacturers of the Intoxilyzer 8000 breath test machine must turn over the systems source code to defense attorneys. The results code have a significant impact on possibly hundreds pending cases where this evidence is used.
Source code, or computer code, is the software that provides instructions about how a system operates and makes calculations. Litigation over access to breath test machine source code has been active in many other states, including Florida, Massachusetts, Minnesota, New Jersey, and Tennessee.
The decision is based on the rights of a defendant to confront his accuser. Since these breath test machines are essentially a “black box” that spits out a magic number that can convict a person of a crime, it is reasonable for the defense to be able to understand exactly how these devices calculate this number.
The judge also determined that there were no trade secrecy issues, since the machine itself is not patented, and the source code was not copyrighted. CMI, Inc has until October 27th to turn over the source code, however in similar court battles in other states, the company has consistently refused to do so, even under the threat of fines and sanctions from the court.
The attorney arguing on behalf of the state seemed to imply that the fact that the machines are accurate is somehow self-evident, comparing it to “turning on a light switch”, and that it is easy to see if it works. This is a silly comparison; with a light switch, you know exactly what and how you are measuring a positive reading.
Anyone who has ever worked on, developed, or tested hardware or software systems understands that thorough testing is absolutely necessary for any complex systems. Results under different user conditions can often be unpredictable and surprising. That’s why technology companies have huge testing departments, that run software and hardware through rigorous testing under a wide variety of conditions, and compares results to known benchmarks.
Attorney James Nesci, the lead counsel on the case added that the machine has “never been tested on humans in Arizona, only simulations”. In addition, CMI, Inc., the manufacturer of the Intoxilyzer, refuses to even sell the device to anyone but law enforcement agencies. It has been otherwise imposible for defense lawyers to do even cursory analysis and independent testing on these machines.
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If you are facing a drunk driving charge in Arizona, please call our attorneys immediately for a free case evaluation and legal consultation.
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Further Reading on Breathalyzer Source Code issues and litigation
Tuscon Citizen (and here).
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