The Volkswagen Disgrace and What it Means for In-Car DUI Breath Evaluation Machines

The Volkswagen emissions testing scandal is explosive, and the big bang continues to expand. The largest automobile manufacturer in the world admitted that millions of cars that it sold contained a software emissions test cheating "defeat device."

What’s the Defeat Device?

The "defeat device" detects when the Volkswagen automobiles are being emissions tested. When the device senses that the cars are being tested, the cars’ engines switch over to a different emissions testing mode. They undetectably run below ordinary power and performance to defeat emissions testing equipment. When they return to the road, the engines switch over to regular performance, and emissions are anywhere between 10 and 40 times higher than the EPA allows in the United States.

The Recall and Criminal Investigations

About 480,000 Volkswagen autos have been recalled in the United States. As the explosion expands, millions of Volkswagens are being recalled internationally. The recalls are financially devastating for Volkswagen. Both the U.S. Department of Justice and German federal prosecutors have launched criminal investigations.

In-Car Breath Evaluation Machines

These machines test a person’s blood alcohol content both before they can start a motor vehicle and while they’re driving it too. They’re usually used in the vehicles of people who have been convicted of drunk driving. They’re commonly known as ignition interlock devices, and they serve as ongoing criminal investigators while a person convicted of DUI is on supervision or probation. Not only do the devices shut down a vehicle’s ignition system if it detects any amount of alcohol purportedly on the driver’s breath, but it records the alleged blood alcohol content of the driver each and every time that they blow into the device.

False Positives

A common condition of supervision or probation of a convicted DUI offender is that they’re not permitted to consume any alcoholic beverages during their term. A false positive can put a person in jail. The facilities that install these devices are charged with pulling the information from them, but according to Sessions Law Firm, the convicted DUI offender isn’t permitted to inquire into the software that might be behind a false positive. If and when the machines might be tested, they too could be capable of defaulting back into a completely inaccurate test mode. Defense lawyers have raised the software issue on blood alcohol testing equipment, but courts have consistently held that manufacturers aren’t required to disclose how their machines work because of software copyright protection.

The public needs to know whether these in-car breath evaluation machines are working properly. There’s no control whatsoever over the software installed in these machines. We don’t even know what the software is because of copyright protection. In the interim, innocent people are going to jail because they’re not given a fair chance to learn exactly how these machines operate. Somebody is doing their best to legally withhold evidence.