By: A.J. FLICK
Intoxilyzer 8000 may be ruled unreliable.

According to CMI Inc. documents filed by prosecutors, eight states, three police departments and one other governmental agency use the Intoxilyzer 8000. It is approved for use in six other states and three other governmental agencies. CMI is the Owensboro, Ky., maker of the Intoxilyzer 8000.

"This is going to be huge," said Tucson lawyer James Nesci, because the current machine is widely used statewide as opposed to the older device, which was used in Tucson and at a smaller agency.

Despite court orders across the country, CMI has declined to divulge the code, which defense attorneys say will show that the device is error-prone. The company has racked up more than $1 million in fines by refusing to comply with a similar Florida court order, records show.

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