Attorney Says Minnesota Concealing Flaws in DWI-DUI Breath Test Software

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Faulty software in the Intoxilyzer 5000 causes police to charge innocent drivers with criminal DWI-DUI Refusal to Test. Although the state has had a corrected version for more than a year, the Minnesota Bureau of Criminal Apprehension (BCA) has not replaced the breath test machines' defective source code.

Thousands of people may have been harmed by the defective software. As long as they refuse to fix the problem, many more innocent citizens will be affected

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The state of Minnesota continues to conceal flaws in the software that controls breath-testing machines used in drunk driving investigations, attorney Chuck Ramsay says.

The current version of Intoxilyzer 5000 software - in use since 2004 - inflates accused DWI drivers' blood alcohol content readings, Ramsay said. In addition, the machine now requires a much larger breath sample than most drivers are physically able to provide. Those who can't provide a sufficient sample are charged with chemical test refusal, a more serious offense in Minnesota than DWI.

Internal documents discovered by Ramsay show the machine's manufacturer, CMI of Owensboro, Kentucky, attempted to correct the problem in April 2007 by providing the state with updated software. Minnesota officials, however, have refused to install the updated software in its Intoxilyzer machines, leaving the critically flawed software in use, Ramsay said. Two BCA sources have confirmed Ramsay's reports.

"Thousands of people may have been harmed by the defective software. As long as they refuse to fix the problem, many more innocent citizens will be affected," he said.

For more information about Minnesota's refusal to address critical flaws in its breath-testing technology, please contact DWI attorney Chuck Ramsay at 651.604.0000. Ramsay has posted government documents on his website - - supporting this claim.

About Charles A. Ramsay, Ramsay & Associates, PLLC:
The law firm practices primarily Criminal Defense and DWI-DUI litigation and appellate law. Charles Ramsay is spearheading DWI-DUI lawyers' fight to obtain the breath test source code in Minnesota. He spoke at the national breath test source code conference earlier this year in Atlanta and recently filed a motion to intervene in the state's lawsuit against the Intoxilyzer 5000 manufacturer in June. Many of the state's criminal defense lawyers seek his assistance with the science behind alcohol breath testing.

Charles A. Ramsay
Attorney at Law
2780 Snelling Ave. North, Suite 330
Roseville, MN 55113
office: 651.604.0000
facsimile: 651.604.0027
mobile: 651.336.6603


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