Caught drunk driving? Try blaming the breathalyzer
|Photo by BluEyedA73|
According to the ruling, people have the right to the breathalyzer's source code if they can prove it will aid their defense, says Minnesota Public Radio.
The ruling stems from the DWI charge against Timothy Brunner who wanted the source code to challenge the validity of his blood alcohol test.While it seems fair to be able to challenge the product used to convict you of a crime, this could be a slippery slope. Won't everyone now want to question their DWI conviction and claim it was a product malfunction? Or if there is something wrong with the product, how many people were wrongly called drunk drivers?
Brunner provided evidence that analyzing the source code could reveal the Intoxilyzer's reliability and whether he was guilty of the charges.