In a recent high profile case, a Minnesota drunken driving defendant sued for the right to the source code for the Intoxilyzer 5000EN in order to fight his charges in court. The Minnesota Supreme Court recently ruled in the defendant's favor.

Minneapolis, MN (PRWEB) August 30, 2007 -- When Dale Lee Underdahl was arrested in February 2006, his dui lawyer launched an interesting defense claiming that they required the source code for the breathalyzer machine that showed he was over the legal limits for alcohol. After legal wrangling for the past year and a half, the State of Minnesota Supreme Court in case #A06-1000 has now ruled that it is the defendant's right to have access to the source code.

Breathalyzers are essentially mini computers that analyze the breath blown into it. The source code is what makes the machine run and ultimately tells the police officer if the driver is under or over the legal limit. The defendant in this case alleges that not he nor the courts or the police could know definitively that the breathalyzer unit used would yield valid results.    

The breathalyzer under fire in this case is the Intoxilyzer 5000 EN, built by CMI and is used in more than 20 states. The lawsuit alleges that this model is based on an ancient Z-80 processor, which was used to power the Radio Shack TRS-80 desktop computer, first available for sale in 1977.

"As far as Minnesota DUI's are concerned, this case is garnering a lot of press and discussion amongst the legal community," comments Douglas Kans, a Minnesota DUI attorney. "If the Breathalyzer really is using outdated technology, then every defendant has a right to analyze the machine and the source code that has essentially put them legal trouble. The Supreme Court recognized that right and has ruled accordingly," Kans explains.

Kans continues, "Just like Mr. Underdahl, every Minnesota DUI defendant has the right to vigorously defend the charges against him using all avenues possible."

Georgia Appellate Courts have not to date followed Minnesota's lead in opening up the Georgia DUI breath testing device, the Intoxilzer 5000 from CMI, Inc., for attorney inspection. 

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