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Kentucky Appellate Court Orders Disclosure of Intoxilyzer 5000 Source Code

By Stephen J. Isaacs, Esq.

    A Kentucky Appellate Court recently held that a defendant can examine the source code of the breathalyzer instrument manufactured by CMI, Inc., more commonly known as an Intoxilyzer 5000, so they could challenge the validity of the breath alcohol readings.  See Lennie House v Commonwealth of Kentucky, No 2007-CA-000417-DG (Ky App 01/18/2008)      In this case, the defendant sought to discover the source code of the Intoxilyzer 5000 so it could be examined for "bugs" or flaws in the code's logic which could result in an incorrect blood alcohol reading. Kentucky Court's have previously prevented defendant's access to this information, siding with CMI and the Commonwealth of Kentucky that the computer source code is a protected trade secret and that this should weigh against disclosure...continue to full post

Full post as published by Kentucky DUI Defense Lawyer on February 14, 2008 (boomark / email).