Minnesota High Court Issues Opinion on Access to Breathalyzer Code

Court outlines defense access to code in cases of Minnesota DWI.

For years, DWI defense attorneys in Minnesota have been requesting access to the computer source code used in breath testing equipment during drunk driving arrests. On Thursday, the state Supreme Court issued an opinion on whether the code could become evidence in a DWI case.

The high court empowered judges to decide if access to the code was relevant to the defense in a specific MN DWI case. Defense lawyers must provide information showing the software’s relevance before the judge can rule.

Questions have frequently risen as to how the software calculates blood alcohol content in suspected drunk drivers, and whether it shows bias to gender or race. The manufacturer of the equipment says the software is proprietary and has refused to provide access in under court order.

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