I have previously written about on-going court challenges against CMI, the manufacturer of the Intoxilyzer breath test machine.  DUI defense lawyers have long wanted to gain access to the Intoxilyzer source code in order to have it analyzed by independent programmers, biologists and phyicists.

My suspicion, which is shared by many DUI lawyers is that the Intoxilyzer's internal calculations are based on calculations that assume a certain weight and size and sex of a defendant.  If the readings are based on a 200 lb. male, then the machine can't possible evaluate the blood alcohol level of a 98 lb. female.

CMI has long argued against turning over the source code, contending that the source code is proprietary information and that releasing it could damage or destroy its business model.

It appears to me that CMI may not have much of a choice.  A judge in Sarasota County, Florida has levied a fine against CMI for stalling the prosecution of more than 100 cases.  The fine is now over $500,000.  CMI's attorneys recently appeared before a 3 judge panel in Sarasota to argue that its source code is a trade secret.

CMI has already agreed to a "controlled viewing" of the source code that would bind all viewers to secrecy.

We will keep you posted as to developments in Florida.  If CMI loses, I expect to see immediate challenges to Intoxilyzer testing here in Georgia.