We all knew this was going to happen eventually.  At least those of us who have been dealing with the Intoxilyzer 5000EN for the past few years.  The source code issue has been a thorn in the side of the State and individuals charged with DUIs for years now.  For those that don’t know, the actual operating code for the Intoxilyzer had never been peer reviewed, was never released to the defense and has still been accepted by the court system as being accurate.  This is like Microsoft claiming that Windows will never screw anything up because it’s made by Microsoft… oh, but nobody can actually look at the software.  But instead of the Blue Screen of Death, or program x getting stuck and you lose your files – Instead you just go to jail.  “Fun” right?

So now the state has anounced that they will be replacing the instruments with those from National Patent Analytical Systems the “Datamaster.”  Additional good news is that NPAS has a much better history of working with defense counsel to allow for examination of the source code.  Of course, considering the track record of CMI (the manufacturers of the Intoxilyzer) it couldn’t get much worse.

Thank you,
Landon J. Ascheman, Esq.
(B) 612.217.0077 (C) 651.280.9533 (F) 651.344.0700
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P.S. Have an attorney in your phone? Add us now 612-217-0077 – While we hope you never need us, we’re here if you do.

August 2, 2010

Jill Oliveira, 651-793-2726

New System will be Incorporated as Part of the eCharging Application

ST. PAUL — The Minnesota Department of Public Safety Bureau of Criminal Apprehension (BCA) has entered into a contract to purchase a new fleet of breath testing instruments for use by Minnesota criminal justice agencies.

National Patent Analytical Systems (NPAS) of Mansfield, Ohio, will provide its Datamaster DMT breath testing instrument.  These new instruments will allow near real time monitoring of fleet performance and allow for maintenance of instruments from a central remote location.  Data gathered by the instruments will automatically populate eCharging DWI forms which then go directly to Minnesota Department of Public Safety Driver and Vehicle Services Division (DVS).   Pairing this instrument with eCharging will lead to a more efficient legal process for those driving under the influence of alcohol in Minnesota.

The transition to a new instrument is part of the BCA’s instrument replacement schedule.  The eCharging compatibility is part of the Minnesota Department of Public Safety Office of Traffic Safety’s larger Model Impaired Driving Records Information System.

The BCA will receive eight instruments for in-house validation and for factory training of BCA staff.  The BCA will then train all breath test instrument operators at criminal justice agencies across Minnesota.  That training and the transition to the new instruments is expected to begin this fall.