District Court Judge Jerome Abrams has overruled challenges to breath alcohol test results based upon the source code of the Intoxilyzer.
The decision means that test results for breath alcohol measurements obtained from the machine are admissible in evidence in thousands of DWI and implied consent cases that have been on hold.
“The results of breath and alcohol testing conducted on the Intoxilyzer 5000EN which express a numerical value for measured breath alcohol are reliable and unaffected by actual or alleged problems with the Source Code of the Instrument,” Abrams wrote in the March 7, order. “To the extent challenges to test results are premised upon problems with the Source Code, such challenges are overruled, and evidence of same should not be allowed.”
To view the 116-page order, click here, and scroll down to Order 20.