Advocates of the Intoxilyzer point out the machine will only absorb alcohol and not anything else. Having said that, opponents of the machine say that the it sometimes misreads several other frequently found elements in human breath and erroneously presents high readings saying that they are from alcohol.
Of particular importance here are the following facts. First, the Dui alcohol concentration law says an individual is intoxicated when he has a.08 in his breath, but it does not say.08 by breathalyzer. This point implies that no judge or jury is either required or obliged to believe that an Intoxilyzer result of.08 or more is exact or dependable.
Secondly, the manufacturer will not allow anyone outside law enforcement to assess the machine’s precision or reliability. It is commonly believed that for a process to be recognized as legitimate and trusted in science, it should be accessible to the scientific community for assessment. This is not the situation with theIntoxilyzer.
Third, the manufacturer claims it doesn’t warrant the Intoxilyzer to be intended for any specific purpose, an implied admission by the manufacturer that its device is not actually warranted as precise and reliable for breath testing.
Fourth and final, the Intoxilyzer’s functioning design is premised on the assumption that each and every man or women analyzed is exactly the average man or women. All persons are not exactly average! Humans come in varying sizes, weights, ages, and vary in muscle development, lung capacity, alcohol tolerance, temperature, hematocrit levels (amount of solids in the bloodstream) and breath/blood ratio (the number of instances an item appears in the blood vs .. the amount of times the identical item is found in the breath). Automatic and undetected oversight can be illustrated by just having the person tested not be exactly average. In connection with this, it ought to be mentioned that Intoxilyzer assumes a blood/breath proportion of 2100/1 (2100 parts of alcohol in the blood for every one part of alcohol in the breath) for each man or women tested. Here, it should be mentioned that a great deal of people maintain a blood/breath ratio of 2100/1 or higher. Persons with a blood/breath proportion greater than 2100/1 will not be prejudiced by Intoxilyzer’s assumption. On the other hand, persons with a lower blood/breath proportion will be prejudiced because the Intoxilyzer will incorrectly read too high an alcohol concentration result and can result in someone who should test a.04,.05,.06, etc. to in fact test out at.08,.11,.12, and so on. Of particular relevance here is the fact that scientists have documented individuals with blood/breath ratios as minimal as 1100/1.
Moreover, since the machine is built, serviced, and handled by humans, it is susceptible to human blunders just like any other machines.
The previously mentioned information conclusively demonstrate that the Intoxilyzer, even if it is properly operating and is being properly handled, because the man or women being tested is not exactly average, can label an innocent individual as guilty.
Understanding your rights after a DUI arrest is important. Speaking with a DWI San Antonio Attorney is a great first step at finding out what your options are. An experienced South Florida Criminal Attorney can help clarify your legal issues and choices.
