The Draeger is the current breath testing deviced used to take breath samples in DUI cases. There has been an ongoing battle over the source code which is used to ensure that the breath test results are accurate. A breath test reading can be affected by numerous factors such as the temperature of the breath. Defense researchers had been previously investigating the source code, but then Draeger threatened to sue claiming that the defense expert had violated a court protective order by sharing findings at a DUI defense conference, and sent them a cease and desist letter and also claimed defamation. The case settled before a case was filed in court.
