BREAKING NEWS: SUPREME COURT RELEASES OPINION REGARDING INTOXILYZER 5000EN SOURCE CODE IN THOUSANDS OF MINNESOTA DWI CASES

Posted On June 27, 2012 by Charles Ramsay

The Minnesota Supreme Court has just released its 4-3 opinion regarding the use of the Intoxilyzer 5000 in thousands of Minnesota DWI cases.

You can view the opinion here. We'll be providing a detailed analysis of the 38 page decision once we've had an opportunity to carefully review it, but upon first reading, the decision is best summed up with a quote from Justice Page (dissenting):

"The practical result of the court's holdings is that defendants will be unable to challenge Intoxilyzer 5000EN results. Despite evidence that the test has a margin of error, that radio frequencies from cell phones can disturb the accuracy of the test, and that the test may erroneously produce a deficient sample, a defendant may not raise the source code as a potential cause of an inaccurate or deficient sample. Denying the accused an opportunity to raise source code issues effectively eliminates the accused's opportunity to challenge the results."

Stay tuned.