Breath test for DWIs defended by police

Updated: May 1, 2009 - 8:54 PM

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A day after a Minnesota Supreme Court decision that could make the results from drunken driving breath tests difficult to use in court, law enforcement organizations said they stand by Intoxilyzer 5000EN machine.

In a joint press release, the Minnesota Chiefs of Police Association, Minnesota Sheriff's Association, Minnesota County Attorney's Association and the Department of Public Safety said the breath test should still be used because it is more efficient than the alternative blood or urine tests, yielding faster results and keeping the public safer.

"Blood and urine tests are extremely time-consuming and will stall the DWI process," said Jim Franklin, executive director of the sheriff's association. "Drunken drivers, who would otherwise be removed from the roads immediately with a breath test, will be free to drive while waiting weeks or months for results."

The Supreme Court said Thursday that defendants should be able to look at the computer codes for the Intoxilyzer 5000EN. That drew concern from prosecutors, fearful that test results will be thrown out altogether because the machine's Kentucky-based maker, CMI Inc., won't release them.

The state sued CMI in federal court in an attempt to get the codes. By then, many law enforcement agencies had already switched to blood and urine tests to avoid the issue. That case is pending with the next hearing set for early June.

KATIE HUMPHREY