In DUI cases the state wants everybody to believe that the Intoxilyzer machine has been tested. Because it has been tested with known standards of alcohol, they want us to assume that it can also analyze an unknown. They also want us to assume that the software has no flaws or bugs that could render a false high under various conditions.

The source code of the Intoxilyzer matters because we need transparancy in the justice system. In Arizona, a first time extreme DUI (read as about average DUI of .150) requires 30 consecutive days in jail. This is serious. It also creates a permanent record. Very serious.

I believe that the constitutional rights of people accused of drunk driving are more important than a corporation’s “interest” in the work product of their software.

If CMI continues to refuse to divulge the source code without conditions or exceptions, then law enforcement agencies and prosecutors should do the right thing and stop using them. Our government wastes a vast amount of taxpayer money. If we took all the Intoxilyzers in Arizona and threw them out (or recycled them), the amount of money lost on those machines would probably be less than the cost of convicting innocent people (they lose their jobs, stop paying taxes, etc), and the cost of litigating the cases combined.

If they don’t let it out, then we should throw it out.