A Settlement Has Been Reached in Minnesota Intoxilyzer Case
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.
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