Intoxilyzer 5000 Source Code: It's a State Secret
Cobb County DUI lawyer Rob Leonard posts an update over at the Georgia DUI Blog about CMI being ordered by a Georgia Judge to turn over the source code for its Intoxilyzer 5000. The State of Georgia is appealing this ruling.
Well…what’s the “source code” mean anyway? It’s basically the software that tells the machine how to interpret the physical data it receives from the defendant’s breath, and how to convert it to BAC. The number it spits out (.041, .086, .119) is then compared to the so called “legal limit” of .08, to see whether the defendant is per se guilty of DUI.
Defendants often want to be able to see how the machine analyzed their breath. CMI has fought and fought in courts all over the U.S. to keep this information secret. Apparently, we are supposed to take the manufacturer’s word that the machine is perfect.
Why are you contesting it? Obviously the person is a danger to him/herself and others if their BAC is anywhere near .08. Other indicators prove that the person is DUI as well as the law provides that an LEO must have some proof of DUI before they can detain the person and ASK them to blow into the intoxilyzer. Remember, it is THEIR choice to blow AND their choice not to drink responsibly. Has NO ONE else responded to your blog? That must say something...
After reading your disclaimer I now see why there are no comments logged. Apparently anyone who objects to your point of view does not get posted?
I am totally flabbergasted at the DWI criminal system.
Right now I am charged with DWI in North Carolina along with a refusal charge. The officer and I were not getting along at all. There was a lot of yelling and screaming which basically came about through his total disrespectful tone and attitude towards me. When asked if I wanted a witness to the breath test I answered, "Yes, I would like an attorney."
At that point he slammed the phone book down on the table. I simply stated, I don't know anyone around here! He then went back to the desk took out a piece of paper and began writing.
After he was done he told me to come with him, which I did. He brought me in front of the magistrate and stated, "We have a refusal here”. This cost me a one year revocation of my license which I am fighting, and I have yet to go to court for the DWI charge.
He never even gave me SFST's. The alcohol he smelled came from a topical medication which contains 67% ethanol. I had not even had a drink that day! Seems police have absolute power when it comes to dui anymore thanks to MADD.