Orange County judges recently granted defense attorneys in DUI cases access to the software that powers the Intoxilyzer 8000, a commonly used breath testing instrument used by law enforcement to determine the blood-alcohol level of drivers suspected of driving while under the influence.
Since 2006 the Intoxilyzer 8000 has been the standard breath testing instrument in Florida, and has also been subject of frequent litigation.
For years, defense attorneys have been seeking greater access to the software and source code used to power the machine and control how it measures breath alcohol.
In a Sept. 22 order, a seven-judge panel ruled in the defense attorneys' favor acknowledging a "high percentage" of tests of the device found no anomalies, but said that's not good enough: "That the Intoxilyzer 8000 mostly works is an insufficient response when a citizen's liberty is at risk."
The panel ruled the DUI defendants are owed "effective access" to the software, including all past versions, within 21 days of the order.
Manufacturer of the Intoxilyzer, Kentucky based CMI, Inc., has objected to releasing the source code, claiming it is a trade secret, but has allowed visiting defense experts examine the source code but not take the information out of CMI offices.
Lawyers fighting for the release of the CMI source code believe that the defendant has a right to know how that machine works.
For more information on your legal matter, contact Scott and Fenderson PLLC, attorneys, at 727-321-0099, or visit our web site http://www.scottandfenderson.com