Battle DUI Law Blog

Judge Orders That DUI Breath-Test Software Must Be Given To Prosecutors

A judge ordered the Pima County, Arizona Attorney’s office to ask a leading alcohol breath-test machine manufacturer to reveal its software code.

On October 27, Superior Court Judge Deborah Bernini said that CMI Inc., which is based out of Owensboro, Kentucky, had yet to reveal its source code to defense attorneys, despite being previously ordered to do so.

An ultimatum was set by Bernini for CMI to hand over the source code in electronic form by November 10. CMI’s policy is to release the source code in a printout if the recipient agrees that it will not be released to anyone else.

Defense attorneys asked that the source code be delivered in electronic form in order to test the veracity, and Bernini ordered compliance.

Bernini also set a hearing for November 24 for CMI president Toby Hall to explain why he and his company should not be held in contempt of court for failure to comply with her order.

Defense attorneys in the 23 alleged driving under the influence cases before Bernini want the source code released in order for the accuracy of the breath tests to be checked.