In Arizona, Pima County Superior Court Judge Deborah Bernin has told breathalyzer manufacturer CMI to turn over the source code for their devices to the defendants.
This is more than just a legal ploy to get out of a drunk driving charge,* there actually appear to be some reliability issues with the device in question:
Allegedly inconsistent, odd or inexplicable results involving the Intoxilyzer 8000 have led to legal action in six states (Florida, Louisiana, Massachusetts, Minnesota, Tennessee and New Jersey as well as Arizona). A Florida judge also ordered CMI to hand over the source code running the controversial devices but the firm has refused to comply, earning it $1.2m in fines as a result.
I support this ruling, even without the history of problems. Having a closed box that just says, “guilty” is not acceptable.
*Full disclosure, my mom was killed by a drunk driver when I was 14.