Florida officer records are live — search the officer testifying against your client, free. Search free →
SKIP TO MAIN CONTENT
BENCHRECON

← Forensic Foundation Pack

DUI defenders attacking breath-test reliability and source-code disclosure.

Daubert / Source-Code Challenge, Breath Alcohol Instruments

FRE 702 + due-process motion to compel Intoxilyzer / Datamaster source code. Seven-state appellate corpus grounded.

File the source-code-disclosure motion and the Daubert motion in tandem. The independent Base One audit ordered in State v. Chun, roughly 19,400 potential code errors, is the lever.

Summary of cited source

An independent source-code review by Base One Technologies identified approximately 19,400 potential code errors in the breath-test instrument's software.

Base One Technologies source-code review, submitted in State v. Chun, 194 N.J. 54 (2008)(opens in new tab)
Order, $297 →

PDF delivered to your inbox.


What this template gives you that the discipline-specific treatise does not.
  1. 01.

    Not undated boilerplate: the multi-state source-code litigation record (including State v. Chun) is source-linked, so the citation is one you can verify before you file. Seven states (FL, MA, NJ, LA, MN, TN, AZ) have a record of source-code-disclosure orders or due-process rulings on breath instruments.

  2. 02.

    Many courts treat the breath result as conclusive without demanding the underlying calibration / source-code record.

  3. 03.

    The multi-state litigation record documents that prior software versions cannot be reliably reconstructed, a foundational-reliability fact most defenders never get into the record.

Authorities inside · source-checkable

The controlling authority this template is built on.

Before you buy, see the spine of the deliverable. Verbatim quotes are reproduced word for word from the opinion they cite; any attributed summary is labelled as a summary, never dressed up as a quote. Each entry links to its source so you can confirm it yourself. Nothing is paraphrased into a citation it does not support.

4Controlling authorities cited
3Verbatim opinion quotes
4Checkable source URLs
4Independent source hosts
  • Lead controlling authoritySummary of source, not a verbatim quote

    The buffer overflow defect must be corrected in all forms of software, because the defect causes some breath test results to produce an incorrect reading. The Court also requested that catastrophic error detection be re-enabled to ensure accuracy.

    State v. Chun, 194 N.J. 54, 943 A.2d 114 (N.J. 2008) (Supreme Court of New Jersey) — ordered software corrections to the Alcotest 7110 MKIII-C · Software-defect remediation (Holdings 7-8)Verify the source
  • Supporting authorityVerbatim quote

    The Office of Alcohol Testing had intentionally withheld from prosecutors 432 worksheets showing failed calibration tests, despite a court order that they produce the records.

    Commonwealth Beacon, 'Breathalyzer scandal could reopen 27,000 drunk driving cases' (2022), reporting on Massachusetts Office of Alcohol Testing misconduct during Alcotest 9510 litigation. The Supreme Judicial Court subsequently ruled that defendants could seek to withdraw guilty pleas; approximately 27,000 cases were affected. · Section: 'OAT Misconduct'Verify the source
  • Supporting authorityVerbatim quote

    As prosecutors, we must have confidence in the integrity of the evidence we present in court.

    Suffolk District Attorney Rachel Rollins, quoted in WBUR News, 'Mass. Prosecutors Stop Using Breathalyzer Tests in Drunk Driving Cases' (June 18, 2021). WBUR reported that many Massachusetts district attorneys suspended use of Draeger Alcotest 9510 breath-test results. · Lead sectionVerify the source
  • Supporting authorityVerbatim quote

    As a matter of public safety, the Alcotest should be suspended from use until the software has been reviewed against an acceptable set of software development standards, and recoded and tested if necessary.

    Base One Technologies, Inc. source-code audit of the Draeger Alcotest 7110 MKIII-C (Aug. 28, 2007), submitted in State v. Chun, 194 N.J. 54 (N.J. 2008) · Base One Technologies audit recommendationVerify the source

Provenance: every citation above carries a source URL that was fetched and confirmed reachable when the template was authored. A citation without a working source URL does not ship. Counsel of record adapts the motion language to circuit-specific precedent and the facts of the case before filing.

Order intake.

Daubert, Breathalyzer, Case details

Brief PDF delivered here. Stripe checkout uses this address.

Do not enter the actual client name. Use any internal identifier, BenchRecon never needs the real name.

Court the matter is pending in. Stamps the brief cover and the conform-to-jurisdiction caveat in the motion language (federal or state court, the methodology challenges apply under either standard).

Billing entity, rendered on the brief cover and included on the invoice when provided.

Privilege handling

Intake data is stored under attorney work-product principles. BenchRecon does not access the intake payload outside of brief generation. Do not enter privileged client communications, defense strategy, or identifying details, submit only the case parameters this form requests.

Charged after you submit. 7-day full refund.

Frequently asked questions.

What does the brief contain?

Seven sections: cover (your case identifier + jurisdiction stamped on), reliability standard recap (Daubert v. Merrell Dow factors), the lead authority's verbatim finding with source URL, the cumulative-error history with cited exonerations / IG audits / appellate opinions, recommended FRE 702 motion language (~250 words editable), a 10-15 question cross-examination question bank, and the methods + source URLs bibliography.

Is this legal advice?

No. The template is a research artifact modeled on the published critique literature for this discipline. Counsel of record adapts the motion language to the controlling circuit's FRE 702 doctrine and the facts of the case before filing.

How fast is delivery?

Stripe checkout completes in seconds; the PDF is emailed to the address you provide. Templates are pre-built, there is no per-case data pipeline running.

Do you cite anything I cannot independently verify?

No. Every citation in every brief carries a source URL stored alongside. Lead authorities are PCAST 2016, NAS 2009 / 2014, NRC 1979 / 2003, FBI/DOJ 2015. All are public-domain and linked to their original publication pages.

Refund policy?

7-day full refund, no questions asked.