What if the DWI breath test machine that says you’re guilty can’t be questioned?
That’s the question at the heart of source code challenges to Minnesota’s breath-testing machine, the DataMaster DMT (DMT). And more and more courts are starting to say: if the State refuses to hand over the machine’s programming, they lose the right to use its results.
Why the Source Code Matters
The source code is the software inside the DataMaster DMT. It controls everything—from how the machine collects your breath sample to how it calculates your alcohol concentration. If that code is flawed, it can generate inaccurate results. But if defense attorneys can’t review it, there’s no way to verify its reliability.
This isn’t just hypothetical. This actually happened in Minnesota fifteen years ago, when the Intoxilyzer 5000 erroneously reported that people had provided a deficient sample. By law, they were deemed to have refused the test and charged with a crime more serious than just being over .08. Many of these people were under .08!
At Ramsay Law Firm, we’ve made it our mission to challenge this secrecy—because justice requires transparency.
We Don’t Have to Prove Something’s Wrong to Get Access
Thanks to a new ruling from the Minnesota Supreme Court, defense attorneys do not have to prove the source code is flawed to get access to it.
In State v. Manska, ___ N.W.3d ___, 2025 WL 1067387 (Minn. Apr. 9, 2025), the Court reaffirmed that Minn. R. Crim. P. 9.01, subd. 2(3) does not require defendants to show the information is “material and favorable”—only that it “may relate to the guilt or innocence of the defendant.”
“We conclude that we did not adopt the ‘material and favorable’ standard in Underdahl for Rule 9.01, subd. 2(3), discovery motions.” — State v. Manska
That’s a huge win for fairness and due process.
The Remedy: Suppression of the Test
When a court grants our motion and orders the State to produce the source code—but the State refuses or claims it can’t get it from the manufacturer—the result is often suppression of the breath test.
And yes, it works.
At Ramsay Law Firm, we win about 20% of these motions in criminal cases. In a world where breath tests are often the strongest evidence the State has, that’s a powerful advantage—and one of the most effective paths to a case dismissal or a favorable plea deal.
Why This Matters
If your case hinges on a DataMaster breath test, the reliability of that machine is the case. And if the State or the manufacturer refuses to let us verify how that machine works, courts have increasingly recognized that you shouldn’t have to take their word for it.
Minnesota courts, backed by Manska, are giving defense attorneys the tools and legal footing to fight back.
Conclusion: Demand the Code, or Dismiss the Result
The government wants to use the DataMaster DMT to convict you. If they can’t—or won’t—turn over the source code, the breath test should be thrown out. It’s that simple.
At Ramsay Law Firm, we were co-lead counsel on the Source Code challenge that resulted in better results in thousands of cases. Today, we are leading the way on these challenges, and we know how to fight for access to the truth. This could be your strongest defense if you’re facing a DWI based on a breath test.
💥 Don’t plead guilty based on a machine you can’t question. Let us help you challenge it.
