This was my first thought as well. The company probably didn’t maliciously code for higher DUIs, but it was the “fittest” product in the environment, where selection pressure is for machines that pop higher DUI rates.
As a corollary, this would mean that any software/firmware fixes later on would be undesirable, cementing in the bad code as a permanent feature. While, as I said, I don’t think they initially planned to have bad code, they did probably eventually come to the conscious awareness that the device had a high false positive rate and actively chose to do nothing about it, because it could drive down sales if they fixed it. And that’s probably where criminal investigations and charges should start coming into play.
