June 4, 2008 By Wallin & Klarich

A judge in Arizona has thrown out 49 breath test results because the breath machine’s manufacturer has refused to turn over the internal workings of the machine to the defense. The internal workings or “source code” is the computer code that is used by the manufacturer to measure the blood alcohol concentration in a person’s breath. A recent study has found that if the source code was inaccurate the breath test result was not accurate. Manufacturers have been claiming that they cannot turn over the source codes because the codes are protected by copyrights. DUI Defense attorneys have claimed they are entitled to this information to determine if the machine was in proper working order.

If you have been arrested for a DUI, contact an attorney for the law firm of Wallin & Klarich. & Klarich we will fight for you to make sure you get every legal benefit.

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