☰ In this section

The Champion

November 2006 , Page 47 

Search the Champion Looking for something specific?

Preview of Member Only Content

For full access: login or Become a Member Join Now

A Critical Examination of Breath Testing Assumptions and Techniques

By Edward L. Fiandach

Lately, there has been much discussion in newsgroups, list servers and the media concerning source codes and their logical legal imperative, source code litigation. Simply put, source codes are the computer instructions followed by a computing device in processing information. A review of the source codes employed in the processing of a breath test would be worthwhile to determine whether the device is actually following the parameters set out by the manufacturer. Notwithstanding that such a review has proven difficult, there have been successes.

Several Florida counties have ruled that the defense is entitled to the Intoxilyzer™ source codes, and an older Washington state analysis of DataMaster™ source codes revealed numerous difficulties with the software. Undoubtedly there will be more such challenges, but what seems to be lost in the midst of this litigation is an examination of the premises underlying breath testing generally. This article reviews some of the more salient issues.

Want to read more?

The Champion archive is reserved for NACDL members.

NACDL members, please login to read the rest of this article.

Not a member? Join now.
Join Now
Or click here to see an overview of NACDL Member benefits.

See what NACDL members say about us.

To read the current issue of The Champion in its entirety, click here.

  • Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
  • Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.
Advertisement Advertise with Us

In This Section

Advertisement Advertise with Us