Still No Intoxilyzer Source Code

State v. Kuklok, Minn.Ct.App., Unpublished, 3/31/2009.  Still no source code for the Intoxilyzer.  Mr. Kuklok's preliminary breath test result was .193.  He agreed to submit to a breath test, using the Intoxilyzer, which registered 0.20.  He procured an order from the district court for the state to provide the source code.  The state filed a pretrial appeal.

The Court of Appeals reversed the trial court order, finding it to have abused it discretion.  It relied primarily upon its decision in Underdahl II, State v. Underdahl, 749 N.W.2d 117 (Minn.Ct.App. 2008), review granted, (Minn. Aug. 5, 2008).  Here, Mr. Kuklok had submitted documents and affidavits which explained what a source code was and how it related to the proper operation of the machine.  However, he did not connect the dots between the result in his case and the information that the source code would provide.  And, oh, by the way, the state doesn't have the code anyway.