DUI tests hinge on hearing: A hearing to decide whether the state's attorney office must turn over computer software in DUI breath-testing machines began Thursday in front of a panel.

Byline: Natalie P. Mcneal

Mar. 10--Defense attorneys and prosecutors argued before a tough jury on Thursday -- a panel of judges -- about whether the state must turn over to defendants a computer program that analyzes the results of DUI breath tests. The hearing will help decide more than 600 Miami-Dade DUI cases where defense lawyers are challenging the validity of the computer program. Thursday was the first day of a hearing of Miami-Dade judges to hear the argument about "source code," the computer language that calculates results for the Intoxilyzer 5000 breath-test machine.

The hearing continues today and on April 5, when there will be a final legal argument on the issue. The judges will rule when they see fit. The issue has become a hot topic in courtrooms across Florida, with judges in four counties ruling that the source code must be turned over to the defense -- or risk having cases thrown out or weakened. Miami-Dade attorneys and judges opted to hold a hearing "en masse" with interested judges attending or watching the arguments later on a DVD recording. The judges may rule as a group or they may each issue their own rulings. Represented by three defense attorneys -- two private and one public defender -- are at least 600 defendants charged with DUI in Miami-Dade. The judges must rule on whether the prosecutors should be forced to produce the source code -- which they don't have because the company that makes the machine won't release it, saying it's a trade secret. RIGHT TO KNOW In opening statements at ...