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 mobile. It can be carried in an officer’s car. Every night, in Salt Lake City,…
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…
Followup to Utah’s DUI Single Breath Test
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Police in Utah DUI arrests only ask for One Test
A couple of years ago I attended the Indiana University Borkenstein Course. This is a course that Utah Breath Test technicians are required to take to qualify for their job as technicians. The taxpayer spends a lot of money on these people to take this course. The course is taught by the top scientists…
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 science of Breath Testing. I’m sad that this has cost him his career. I am…
Breath Tests Thrown Out!
I have a friend in the State of Washington named Andrea Robertson. Excellent Attorney. She sent me an email this week about a huge mess that is going on in Washington. The gist of the mess is that the State Toxicology Lab staff violated ethical boundaries (lied in quality assurance affidavits), were sloppy in their…
Intoxilzyer–can the way you breath affect the result?
The Courts in Florida are recognizing the fact that the breath test machines are not as accurate as everyone wants you to believe. In fact, the way you breath, or how long you breath into the machine, can determine a high or a low test. The machine only requires 1.1 liter of breath to qualify…
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 issue is being heavily litigated in Florida. Apparently, CMI Inc., the manufacturer, said we are…
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 not release the source code of the software in the machine. For all we know, the…
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 common method to test for alcohol in a person’s system is using the breath machine. Utah…