Intoxilyzer 8000 Under attack from the Law
Pima County Superior Court, Arizona, Judge Deborah Bernini has approved requests to allow the examination of the software used in a new generation of machines that examine blood alcohol levels of motorists.
The Judge ordered the device manufacturers CMI to release the source code of the Intoxilyzer 8000 - something that looks like the systems used in Battlestar Galactica - to defence lawyers for a lawsuit involving 20 drink drive suspects.
Lawyers for the CMI group argue that access to the software that runs the device is not needed to establish whether thee breath tests taken were reliable or not. Only a small portion of Arizona cops make suspected drink drivers have breath tests, with the majority using blood testing to determine a crime. Lawyers for the 20 suspected drink drivers believe that suspects have the right to cross-examine their accusers, in this case the electronic devices.
CBI is adamant that the source code of the Intoxilyzer is a trade secret. However, prosecutors in the case believe that this is just a way to get their clients off the hook. Judge Bernini ordered CMI to hand over its secret source code to the lead lawyer for the defendants, James Nesci, the Arizona Daily Star reports.
If CMI were to reject the request it would place defence lawyers in a strong position to have breath-test results against 170 defendants, both in the cases under consideration by Judge Bernini and other cases going through the system, thrown out of court.
The device has been used since last year, and is well favoured by cops due to its light weight, and ease of use. The unit can even be powered from a car cigarette lighter.
However, it’s not all rosy. Allegedly inconsistent results involving the Intoxilyzer 8000 have led to legal action in six states (Florida, Louisiana, Massachusetts, Minnesota, Tennessee and New Jersey as well as Arizona). A Florida judge also ordered CMI to hand over the source code running the controversial devices but the firm has refused to comply, earning it $1.2m in fines as a result.
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