Does the Intoxilyzer 8000 used in Utah DUI Arrests Make Mistakes?

A couple of years ago, the State of Utah began purchasing a new product from CMI, Inc., the intoxilyzer 8000.  Utah has purchased all machines from CMI since I have been practicing law.  The new 8000 intoxilyzer differs from the 5000 model in that the 8000 is a portable machine.  The machine can be carried around in a car and plugged into the car cigarette lighter for a power source.  The machine is also supposed to have better technology and be more accurate.  I recently defended a man that blew into the intoxilzyer 8000 in the Salt Lake County Special Operations building.  The card read that the man blew a .148.  He looked to be almost twice the legal limit.  Here is the problem.  Look closely at the card.  Look at the breath volume.  There is no air going through the machine.   According to this card, the man is at a .148, and the man is not breathing any air through the machine.  Well, that is great technology.  The 8000 will tell you a person’s breath alcohol content without even reading any air.  I have had to redact personal information out of this card to protect the privacy of the man that I defended, but other than that, this is a true and accurate representation of the card printed in this case.  New technology or another tool to accuse people of the scarlet letters "DUI."

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