Minnesota DWI lawyers have found a way to challenge their client’s DUI charges: requesting that the state produce the source codes for the Intoxilizer computers that produce the results of the breath BAC tests.
But the state can’t produce the codes. The State of Minnesota contractually cannot give them to defense attorneys because of the contract the state signed with the manufacturer of the machines. While some DUI cases have been dismissed as a result, a recent Court holding addressed this issue.
The Court of Appeals issued an order in the case of State v. Olcott, Court file A06-2340, on April 15, 2008 holding that Defendants have to make a showing that the source codes negate the guilt or reduce the culpability of the DWI charge. With that in mind, attorneys will be looking for a software engineer with the qualifications to testify that variances within the source codes could result in a different reading. I see it being more applicable to .08, .09, .10 cases, as opposed to the sloppy drunk .19 readings.
Using common sense, I am sure programmers and software engineers would agree that the variance in the software would be insufficient to show that the source codes, and the mathematical rounding would not negate the guilt of a person being charged with a .22 BAC. See another post at: http://www.robteel.com/2007/08/10/duis-and-breathalyser-source-code/. Also, don’t forget that you have the right to get your own BAC test if you don’t agree with the State’s.
From a DWI lawyer’s perspective, in the DUI case a person wanting to challenge BAC test by getting the source codes would need a programmer or software engineer to testify why they might be inaccurate, and a toxicologist to testify that based on the person’s consumption, they should not have had that high of a reading.
If you have a question concerning a Minnesota DWI, please call.
-John Scott, 612-840-8961
