For a number of years DWI defense lawyers have questioned the reliability and accuracy of breathalyzers. At issue was the source code used to determine BAC during an investigation into driving while intoxicated. Given the constitutional right of a defendant to challenge accusations of guilt and the fact that breath test results are often the sole basis for determining guilt, access to the code is considered judicially prudent. Several state courts, including Florida, Minnesota and New Jersey, have agreed, and mandated reviews of the source code. Manufacturers, despite fines and court orders, have resisted making the software available.
A landmark case involving New Jersey DWI criminal lawyer Evan Levow has lead to a court ordered audit of the source code for the Alcotest 7110 MKIII-C manufactured by Draeger. In two separate studies, one commissioned by Draeger and another by the defendant, both found that the code does not meet industry standards for software design and that it contains