5 Reasons a DUI Breath Machine May Give Inaccurate Results
You were arrested for DUI. The officer asked you to take the only approved breath test machine in florida: the intoxilyzer 8000, produced by CMI, Inc. You agreed, but unfortunately, you failed.
Fortunately, all is not lost. The Florida Breath Test Machine results may be inaccurate. Below are five reasons why:
1. The Intoxilyzer 8000 requires deep lung air for its reading.
In order to be valid, the breath test machine needs a certain type of lung air: Deep Alveoli Lung air. The problem is, no-one, not even you, can tell if the machine has received the proper lung air. There is no what to qualify the air that is received in the machine. Therefore, it is impossible to tell if the first requirement– the right type of air-went into the machine. Without the ability to test the type of air, the accuracy of the reading is questionable.
2. The Florida Intoxilyzer is subject to operator manipulation.
The old saying in law enforcement breath test training is: “The longer you go, the higher the blow”. Officers are taught in the academy that the results produced can be manipulated by the length of time the subject blows into machine. Yet, the Florida Breath Test Machine purports to be a scientifically valid machine that will produced the same results time and time again. How can it be? A scientific instrument’s reading cannot necessarily be accurate if it can be manipulated by the particular officer taking the results.
3. CMI, the company that creates the Florida Breath Machine, will not let criminal Attorneys review the source code of the machine.
The breath Test machine relies on computer programs to convert the breath result into a blood alcohol result. Without seeing the source code, criminal attorneys cannot tell if the machine is properly functioning. CMI will not let criminal attorneys see the code. Therefore, we cannot tell if the breath test results are accurate or not.
4. The machine assumes a standard human body temperature for every test subject.
In order to come to a result of BAC, the Intoxilzyer 8000 must take into account the temperature of the test taker. But the Florida Machine does not have the option to read the test takers actual temperature. Rather it takes a generic example: 98 degrees. What if the test taker is sick? Pregnant? Does it factor in the inherent temperature difference between men and women? It does not, therefore leaving the possibility of an inaccurate test reading.
5. Machines break down. Florida’s Breath machine is no different.
Everyone knows machines breaks down. And a Florida Breath take machine is no different. In fact CMI only warranties the product for 1 year, yet a Florida Breath Test Machine may be in service for 5-10 years or more. Each machine is inventoried by a serial number. This allows your criminal attorney to go back and check the “maintenance” logs for the particular machine you were tested on. Likely, the machine will have been out of service and in repair multiple times since it went online.
Above are five reasons to question the unreliablity of Florida’a version of the blow machine.