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.