Over the last few weeks we have been talking a lot about the breath test machine used in Lubbock and all other areas of Texas when somebody is arrested and charged with driving while intoxicated.  A few days ago I posted about the source code litigation that is going on throughout the country regarding the breath guessers.  Gleen Neeley in Utah writes about this same source code issue.  As Glen states, ”makes you wonder what are they hiding.  Is their multi-million dollar company going to be exposed as convicting innocent people?”

The manufacture of the breath test guesser, CMI has been ordered by a Florida Court to furnish the source codes for the Intoxilyzer 8000.   The 8000 is the new and improved model that Texas does not use.  We have the older model known as the Intoxilyzer 5000. 

In the Florida case, CMI has refused to show up to court and provide the source code or object to the Court’s order.  Why?  I mean if this machine really has no problems why refuse to obey a court’s order?  Many times a person arrested for a dwi will tell me they only had a small amount of drinks yet the breath test guesser shows a high over the legal limit result.  This is exactly why we want the source codes to have them examined by independent experts to see if there are any problems. 

In science are not all results subject to pier review?  Of course and if we are going to use a “guesser” to try and convict people shouldn’t they also prove to everyone that the guesser isn’t hiding anything.  Breath Test Manufacture CMI held in contempt order.

Over the last few months I have been writing on the “breath test guesser.” We have talked about just a few of the areas of real concern when it comes to the breath test machine used in Texas. Another area of real concern is the source code within the machine. You ask what are source codes? Well basically the company that makes the Intoxilyzer 5000, the  breath test machine that the Texas Department of Public Safety uses makes the base model. The unit takes a sample of a person’s breath and then via a computer program converts that sample into a blood alcohol concentration.

The most amazing thing about this concept about the unit is that NOBODY WITHIN THE TEXAS BREATH TEST PROGRAM HAS ANY IDEA OF HOW THE SOFTWARE WORKS TO ACTUALLY CONVERT THE BREATH TO A NUMERICAL READIN !!! Can you believe that, I mean not one person, including the Scientific Director of the Texas Breath Testing Program knows how and more importantly if the software accurately converts the breath to a numerical reading. The source codes are the key to the conversion. It is the source codes that send people to jail.

The good news is that more and more folks are challenging the states and CMI to give access to these source codes. Only after a citizen accused gets access to these codes will we know if the conversion is truly accurate. Litigation is taking place in many states.
You can bet that all of my DWI cases in Lubbock and West-Texas will continue to include a request from any court for access to all source codes.

Over the years, the machine used to guess at a person’s blood alcohol concentration has changed. Breath testing is simply trying to guess what a person’s blood alcohol concentration is at the time the test is administered. The current guesser is called the Intoxilyzer 5000. The state has updated this machine several times. When the 5000 first came out it was the 5000 64. Then it was “updated” to the new and improved 5000 68 series. Currently most of Texas uses the Intox 5000 EN. Again and new and improved guesser. Some of the counties that we practice in around West-Texas still use the 5000 68 series. As the state gets the money they are changing these units out for the EN unit. The Intoxilyzer 5000 whatever series however is not the newest technology from the manufacture. Believe it or not, the same company that makes the 5000 no produces an Intoxilyzer 8000. It advertises the 8000 as the newest cutting edge technology. Lots of other states use the 8000 but not Texas. I wonder why that is? If you or a loved one were arrested for dwi in Lubbock or West-Texas wouldn’t you want the government to have the best available “guesser” for you? Makes you wonder just what is important is it the truth or just close enough for government work?