A settlement has been reached between the Minnesota Department of Public Safety and CMI of Kentucky, Inc. in the Intoxilyzer case. Defendants accused of driving while intoxicated in Minnesota will have access to the equipment's source code at the manufacturer's headquarters in Kentucky. In addition, the defendants and their DWI attorneys will have access to a printed copy of the source code in Minnesota. CMI also agreed to provide up to $50,000 for experts to review and defend the source code in DWI cases.
The Intoxilyzer 5000EN is the most common tool used by law enforcement agencies in Minnesota to test motorists' blood alcohol content or BAC. DWI defense lawyers across the country have contested the reliability of the equipment; a point borne out when an independent study showed the source code was written well below industry standards. Drunk driving defense attorneys have cited the constitutional right of a defendant to challenge accusations leveled against them, and that means having access to the source code to determine reliability of the testing equipment. Further concern was raised when it became known that CMI had periodically changed the code, without the knowledge of or input from the states that had reviewed and approved the equipment.
In Austin DWI arrests with a false reading could be enough to convict a motorist of drunk driving when actually they had a BAC below the legal limit. This means the reliability of the equipment used for testing as well as the training given to the officers administering those test is critical. As a Texas DWI attorney I routinely see people arrested for DWI in Austin who have a BAC of .08% which is right at the legal limit, meaning a machine malfunction could be the difference in the outcome of the case. Our firm uses every tool available to determine the validity of the test results and I am glad to see a favorable settlement that will give DWI lawyers further aid in defending their clients.
The settlement is subject to approval by a Minnesota Federal District Court judge. A hearing has been set for June 11, 2009.
