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Are Utah DUI Breath Test Machines Accurate?

Utah uses two machines that are manufactured by the same company.  Both work on the same principles.  The newest machine is the intoxilyzer 8000.  This is the most common machine that is being used at this point because it is

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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

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Followup on Washington Breath Test Fiasco!

Barry Logan is (was) the head of the Washington State Crime Lab.  He has resigned because of the fiasco that took place in the lab.  I met Barry at a course I took in Indiana.  He was very knowledgeable about the

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Intoxilyzer Breath Guesser Manufacturer is in Contempt

On August 12, 2007, I wrote a little bit about the Source Code that the manufacturer is refusing to let anyone see.   A Defendant has a right to see and challenge the evidence against him or her.   This

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Intoxilyzer Source Code

Many times, clients ask me how the intoxilyzer determines their blood alcohol content. I try to explain the mechanics of it, the theory of it, and the science of it. The problem is that the manufacturer of the machine, CMI Inc., will

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Utah’s Breath Test Guesser

    In Utah, it is illegal to drive when your blood/breath alcohol content is over a .08%. To determine how much alcohol is in your breath, the government uses three methods: a breath machine, a blood sample, or a urine sample. The most

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Intoxilzyer Test–Should I take one?

       I am often asked, “should I take the intoxilyzer test.” There is no easy yes or no answer to this question. If you take the test, you are providing evidence to the government that is difficult to dispute. If you don’t

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