Posted On April 06, 2008 by Charles Ramsay

The Intoxilyzer 5000 EN is the breath test machine currently used in Minnesota. More than 35,000 of such tests are run on Minnesota drivers every year. We DWI/DUI defense lawyers have discovered that every aspect of the machine is controlled by the software, often referred to as the source code.

The manufacturer, CMI of Kentucky, refuses to turn the software over to lawyers who seek it. Although our efforts to acquire the source code has been stymied by the Minnesota Attorney General (AG), the Commissioner of Public Safety, the Minnesota Bureau of Criminal Apprehension (BCA) and every prosecutor in the state, the AG has finally sued CMI.

But at least one state legislator is seeking to prevent drivers from using the source code as evidence in the event we're able to get it. Click here to view the bill introduced by Senator Foley.

Why does Senator Foley want to prevent drivers from presenting this in court? Does he know something we don't? What is he afraid of?

This bill, should it become law, would prevent the source code from being admitted not only at a DWI or DUI civil or criminal hearing, but it also would prevent it from being used to prove those at the BCA and CMI from civil or criminal liability.

There is growing evidence that some may be at least grossly negligent for permitting this bug-infested software to hurt Minnesota drivers and those around the country.

Is he concerned that his friends may be at risk?

S.F. No. 3718, as introduced - 85th Legislative Session (2007-2008)