Minn. Judge Rules Breath-Test Results Reliable

MINNEAPOLIS (AP) - A Minnesota judge has ruled that blood-alcohol test results from the Intoxilyzer breath-testing machine are reliable and can be used as evidence against drunken driving suspects.

Scott County Judge Jerome Abrams concedes that the Intoxilyzer's source code does contain errors, but says they do not affect the outcome of test results, except in rare and limited situations.

Abrams' 122-page ruling implies that thousands of pending DWI cases across Minnesota should be sent back to their counties for prosecution. But the judge's ruling is likely to be appealed.

The ruling follows more than four years of challenges by Minnesota criminal defense attorneys to 3,000 DWI prosecutions in the state. The state has 264 of the devices.

The device is generally used when police give the test at stations after stopping drivers on the road.

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