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The court will decide if challenges to the source code render Intoxilyzer evidence inadmissible.

Intoxilyzer ruling expected Wednesday

The future of  Intoxilyzer evidence  of a driver’s blood alcohol content in thousands of pending DWI cases will be decided on Wednesday. That’s when the Minnesota Supreme Court has said it will  release its opinion on the validity of Intoxilyzer-derived evidence.

The case is the appeal of an order by Judge Jerome Abrams last year that  Intoxilyzer results are reliable and admissible.  The issues are  whether Abrams erred in ruling that the test results are admissible and also whether Abrams erred in further ruling that extrinsic evidence to explain a deficient sample is admissible, as is extrinsic evidence that goes to the weight of the Intoxilyzer evidence and not just its admissibility.

One comment

  1. This will be a blockbuster ruling, but only in some respects. It will be a block buster because we all have been waiting seven months for this, since the case was argued on December 1, 2011. It is also a blockbuster since some of started arguing this issue way back in 2005-06, and THIS is the third time the Supreme Court has reviewed the issue since then, the first two times ruling in favor of drivers being allowed access to information about a machine used to prosecute them, BUT this is the first time the Supremes will have reviewed the issue SINCE the source code was actually turned over to us and examined in detail. ….On the other hand, the ruling likely will NOT be blockbuster because the high Court is likely, IMHO, to rule the Intoxilyzer results Admissible but not foolproof, and thus subject to a challenge as to the weight of the results in _each individual case_. Thus, drivers will ultimately have to decide how to approach the issue on a case-by-case basis depending upon the specific facts at hand, including any alleged test result, and any alleged PBT result with which it could be compared.

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