Lower courts in Minnesota and elsewhere have dismissed charges in DUI cases because the source code was not released, although other courts have refused to dismiss cases on this basis.  Now, it appears that the Minnesota Supreme Court will be making law on this subject – a hearing is scheduled for September 19th.

Has anyone had any success with the "source code" argument here in Georgia?  If so, write us with the details.

Technorati Tags: source code, breathalyzer, intoxilyzer

In his post about breathing and breath tests, Attorney Taylor also cites a research study by a University of Washington Professor of Physiology who found that the last part of your exhalation has a higher alcoholic content than the first part, meaning that a police officer's command to "blow harder" may very well result in a higher BAC reading on the breath test.

Georgia Courts have long rules that arrest scene breath tests are not admissable evidence. Mr. Taylor explains the science behind the reasons breath tests are flawed in another post on his blog. It would be interesting to know the psychological impact that a failed breath test has on a defendant's subsequent decisions to admit to alcoholic consumption or to not assert his other available rights.