State Ordered To Produce Intoxilyzer Source Code
Tucson, AZ - A Pima County Superior Court Judge has ordered the prosecution to get the Intoxilyzer source code in electronic format from CMI, the maker of the breath testing machine.
In litigation that has spread through most states that use CMI products, CMI has steadfastly refused to divulge the source code behind its machines, claiming that it is work product and proprietary. Defense attorneys have argued, mostly unsuccessfully, that the source code is necessary to analyze whether the machine accurately analyzes breath samples.
In Tucson, Judge Bernini ordered the State to produce it.
DUI attorneys familiar with the case predict that CMI will refuse to hand it over, perhaps because hidden within it is something that shows that the company betrayed its customers, potentially exposing it to lawsuits.
The Tucson Citizen's recent article on the source code ruling explains the lead attorney's theory.
Other attorneys familiar with the issue speculate that CMI will ultimately have to shut down operations, perhaps resuming under another business entity.
In Arizona, the trend is already towards blood draws, with many officers being trained in phlebotomy.
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