The DWI breath test machine at the center of the Controversy
In recent weeks and months there has been a considerable amount of publicity regarding the “Source Code” for the Intoxilyzer 5000 EN (the breath test machine). In laymen terms, the Source Code is the computer code that tells the machine how to convert a breath sample into printed out result. The recent fuss surrounding the source code was due to the State’s failure to allow defendants and their experts access to this code. After years of litigation, varied court opinions, and even a Supreme Court ruling, the Source Code battle does appear to be coming to an end.
After losing several DWI’s, the State of Minnesota sued the Kentucky Corporation CMI who is responsible for the manufacturer of the Intoxilyzer. Eventually, the lawsuit was settled and CMI agreed to allow defense experts to examine and test the code. Subsequently, a Coalition of defense atorney’s united to consolidate the thousands of DWI arrests based on Intoxilyzer results.
Presently, there are thousands of Minnesota DWI arrests in limbo. The coalition’s experts have examined the code, and there is a court hearing scheduled to determine if it is functioning properly. After hearing from defense experts and the State’s experts, a Dakota County Judge will ultimately determine if the machine has been working properly.
If you have been arrested for DWI and would like to challenge the results of the Intoxilyzer it is important to contact a DWI lawyer who is at the forefront of the Source Code litigation. Kevin Sieben is an active member of the coalition of defense attorneys challenging the Source Code. Kevin has fought to get access to this code for numerous clients and is available 24 hours a day to discuss a Source Code callenge for your DWI or DUI arrest.
