Tallahassee, Florida Criminal Defense Attorney Don Pumphrey, Jr. answers some frequent questions regarding DUI and breathalyzer.
What is an Intoxilyzer?
The Intoxilyzer is a brand of evidential and preliminary breath alcohol measuring machines. Currently, Florida uses the Intoxilyzer 8000 which is the replacement breath testing machine in Florida replacing the Intoxilyzer 5000. The attorneys in our firm are put through rigorous training on the intoxilyzer (both the Intoxilyzer 5000 and the Intoxilyzer 8000) so we can understand how the inner workings of the device, how to operate the machine and where to specifically look for errors, both human and otherwise. Although, Florida still uses the Intoxilyzer 8000, the State of Georgia began using the Intoxilyzer 9000 on January 1, 2016. All of the Intoxilyzer 8000s are required to send data to FDLE on a regular basis. Through research, our firm tracks the errors involving the Intoxilyzer 8000 so we can see which machines have higher error rates and problems just like any other man-made machine. Through a simple Google search of "How Breathalyzers Work" I found a great article by Craig Freudenrich, PH.D which has an interesting graphic that shows a diagram of the Intoxilyzer (it appears the diagram is copyrighted by How Stuff Works). The article, along with many others on the internet, does explain correctly that the Intoxilyzer machine uses "infrared (IR) spectroscopy, which identifies molecules based on the way they absorb IR light. In 2014, the Columbus Free released an article by John Lasker titled, "The Intoxilyzer 8000, the state's flawed tool in the battle against drunk driving" in that same article which addresses the then challenge to the Intoxilyzer, specifically the Intoxilyzer 8000 the same one used in Florida, stating "Several judges subsequently ruled in the defendant's favor, calling the breathalyzer "unreliable"".
What is Intoxilyzer source code?
In short, this is the software that is programmed to run the machine. Much like a computer needs an operating system, the Intoxilyzer has software that controls the results the State wants. In fact, if you go to http://www.alcoholtest.com/intoxilyzer-8000/, you will notice the last sentence on thhe lead-in statement about the Intoxilyzer stating: "The Intoxilyzer 8000 may be programmed to the specific test protocols of a state law enforcement program or customer." This means that they can program whatever they want in the machine.
What to do if you have a case with an Intoxilyzer?
Hire an attorney with immense training and experience in the area of defending against Intoxilyzer cases and can give you information to assist you in a positive outcome of your situation.
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