Arizona Court Ruling Impacts DUI Breathalyzer Cases
In a case that will get national attention, as least within the legal community, the Arizona Court of Appeals in Tucson ruled that defense attorneys are not entitled to the source code in DUI breath testing equipment.
The Intoxilyzer is a breath testing machine used by law enforcement agencies across the country. Over the past several years, the machines have been under scrutiny for their unreliable results. They have consistently been shown to be inconsistent.
Defense attorneys have sought the software information and the “source code” from the manufacturer of the machine, CMI, to determine just how ineffective the machines are. However, over the years CMI has refused to disclose their information citing that it is a “trade secret” and doesn’t have to be turned over.
The Arizona Court of Appeals ruled that the defense didn’t show the test result “anomalies” were attributed specifically to the machine’s software.
The Pima County Attorney’s Office is pleased with the ruling as they feel this further cements the use of breath test results in criminal DUI cases. Defense attorneys profiled in this Arizona Daily Star article, however, will pursue the dismissal of many cases based on what they believe the court ruled is their substantial need for the source code.
This isn’t the first time the same court has seen this case. Back in 2008, Judge Bernini of Pima County ordered prosecutors turn over the source code to defense attorneys. This same appeals court overturned her ruling that April.
Cases like these are being argued around the country as the reliability of this equipment isn’t exactly top notch. If a DUI case depends on the breath test results for a conviction, the court should be assured those results are accurate. However, at this point, we can’t be certain.
If you are facing DUI charges you want your defense attorney to do everything possible to assist you with your case. Contact me today. If needed, I can challenge the evidence against you in court.
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