Minnesota DUI breath testing on the ropes

Posted on May 4, 2009 by Dan Jaffe

It appears that Minnesota may be ground zero in the battle for the release of the source code that powers Intoxilyzer breath test devices.

Intoxilyzer, which is a brand of CMI, Inc., is the most widely used type of breath testing device in the country.

The Minnesota Supreme Court issued an opinion on the matter.

In a nutshell, if you can come up with a reason why the source code might help your case, then, in MN DUI cases, you get it. If you can't think of a reason why you need it, then you don't get it.

The problem with this logic is that there may be a legitimate need for the discovery, which a DUI defendant can't discover until they actually have the source code.

Minnesota DUI Lawyer Charles Ramsay, although not a lawyer named in this case, has been instrumental in the fight to obtain the code in Minnesota.

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