In the most recent example of an increasingly popular DUI defense tactic, a Kentucky man’s request to examine the source code for the Intoxilyzer 5000EN was upheld by the Kentucky Court of Appeals earlier this month.
For years, breathalyzer evidence was used by police and prosecutors as proof of DUI or DWI charges, but in recent years, the reliability of breathalyzer tests has been challenged on several occasions. Defendants claim that, since the manufacturing company refuses to disclose the source code for their product, there is no way to know how accurate the tests are. A similar case last year in Minnesota was dismissed after the manufacturer, CMI Inc., was order to reveal the source code but tried to impose restrictions on the release.
In the case at hand, the Appeals Court reversed the ruling of two lower courts and ordered CMI to provide the source code, over the objections of prosecutors and company officials.
Have you been accused of a DUI? Call a Rhode Island DUI lawyer at 401-662-9006 to ensure that you are well represented for your day in court.
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